Legal Question in Criminal Law in India

sir,

Basing on the private complaint u.sec.200 cr.p.c filed before the court and the case refer to police then the case was registered against one prl. borrower,company executive and branch maganager U.sec.420,468,471 r/w. 34 of i.p.c. now the case is pending for filling charge sheet or final report. now the defacto complainant him self interest to withdraw case file a sec.321 cr.p.c "with draw the case by prosecution" petition before court. while at the time one of the accused not present because he is abscond. my daughts is

1. Before filling of chargesheet or final report from police sec.321 crpc petition is maintainable. if it is filed by public prosecuter with the permission of defacto complainant.

2. while at the time all accused has to appear before court or not. absence of the accused case can be withdraw or not. Sec, 420,468,471 of i.p.c are purely nonbailable and non-compundable section.

kindly give suggesstion with case laws how can the accused discharge from the case.


Asked on 1/06/14, 9:45 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

In a pending court case, it may be better to consult a lawyer who may decide further course of action after perusal of case file and all documents. An advice on this Forum, without reading your case file and documents may not be appropriate.

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Answered on 1/09/14, 4:55 pm


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