Legal Question in Criminal Law in India
g.p.a holder can withdraw criminal case from magistrete coyrt after frame charges
2 Answers from Attorneys
What are the powers given under the GPA to the person ?
notwithstanding the powers given under the GPA, a criminal matter just cannot be withdrawn by the complainant what to talk of GPA holder. It would depend upon whether the case is under summary procedure or it is summon case or a warrant trial that is to say the offence under the complaint or under what section the summons have been issued. so, the powers under the GPA will be a secondary thing. For example, if the charges have been framed and it is a warrant trial then no matter what, the complainant cannot withdraw the complaint so much so even if the complainant is absent, the court even has no power to dismiss the complaint in default. However, if it is summary trial the magistrate may dismiss it if complainant is absent or if the complainant wants to withdraw it himself or through GPA having the power to withdraw.
I am sorry that I am not in agreement with Mr. Sanjay Kalra
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