Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kani   03 November 2021

Withdrawal of fir

Can a complaint for offences under Criminal breach of trust by public servant be withdrawn by the complainant?



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 November 2021

you can submit affidavit If the case is on investigation stage only and chargesheet is not submitted then the police can submit final report /closure report ,However if it refuses tondonso then mutual quashing is possible fron high court . 2) you can file for mutual quashing of FIR in the High Court.

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minakshi bindhani   06 November 2021

As per your illustrated query!

According to section 409 of the Indian penal code, Whoever, being in any manner entrusted with property, or with any dominion over the property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

Under section 409 of IPC, the entrustment of property or dominion should be in the capacity of the accused as a public servant or in the way of his business as a banker, broker or merchant etc. The entrustment should have the nexus to the office held by the public servant as a public servant. Only then this section will apply.

While it is not listed as a compoundable offence under section 320 Criminal Procedure code, 1973. Therefore, it can not be withdrawn by the complainant.

The Court has laid certain principles based on which the High Court is to exercise its jurisdiction under section 482 of the Code. Jurisdiction under this Section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice."

Hope it is useful!
Regards
Minakshi Bindhani

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