Arun C. Jaiswal (Service) 25 April 2009

Can case under CRPC 306 withdrawable?

Hello Experts

Is their any way we can quash case filed in section court under CRPC 306? In this case the person who filed the complaint in police station is ready to take back all aligations he made in FIR.

Please advise.

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4 Replies

Swami Sadashiva Brahmendra Sar (Nil) 25 April 2009

pls make your query clear. s. 306 Cr.PC relates to pardon by court when an accused accepts to become prosicution witness and disclose true story.

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NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CASE UNDER SECTION 306 I.P.C.KINDLY NOTE THAT

1.SECTION 306 OF INDIAN PENAL CODE IS FOR OFFENCE OF SUCIDE. COMPLAINT IS FILED AT POLICE STATION AND AFTER INVESTIGATION POLICE SEND A CHARGESHEET TO THE COURT .THIS CASE IS TRIED BY DIST AND SESSIONS COURT.AS THE OFFENCE IS SERIOUS NATURE IT IS NON COMPOUNDABLE MEANS COMPLAINENT CAN NOT WIDRAW THE CASE BY SIMPLE APPLICATION. HE WILL BE SUMMONED ALONG WITH OTHER WITNESSES IN THE COURT AND EVIDENCE WILL BE RECORDED.AND IN CASE THE COMPLAINENT TURNS HOSTILE MEANS DENIES ALL ALLEGATION MADE IN COMPLAINT IN EXAM IN CHIEF BY GOVT.PLEADER AND ALSO DENIES ALLEGATIONS AGAINST ACCUSED IN CROSS EXAM TAKEN BY ADVOCATE FOR ACCUSED THEN THERE ARE CHANCES OF ACQUITAL.

2.ALTERNATELY THE ACCUSED CAN FILE APPLICATION UNDER SECTION 482 TO THE HIGH COURT FOR QUASHING THE COMPLAINT. COURT MAY ACQUIT THE ACCUSED IF EVIDENCE AGAINST ACCUSED IS INSUFFICIENT.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS

WITH BEST REGARDS TO YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT..M.COM.LL.B.(MUMBAI),ADVOCATE

Bala.S.Mon (Advocate) 11 January 2010

Sir,

Since I filed a petition in the Special Court under Section 306 of Cr.PC. It is purely triable by Special Court because it is coming under PC Act. In this case one of the Co-Accused had given confession U/s. 164 before the magistrate and he tendered pardon by CJM. In my petition my prayer is to cancel the pardon and treat him as an accused.

Because the special court has established for trying public servant and the respondent also filing the FIR in the special court and also cognizance taken by the special judge, hence the tendering the pardon also should by the Special Judge not by the CJM, because before giving the pardon to the Co-Accused the CJM has to verify the documents fact of the case etc., but here all the papers and materials are available with Special judge hence I raised objection for the Pardon procedure totally is wrong.

Please give me your suggestion and feedbacks.

Regards

B.Shajimon. M.A.LL.B.,M.Phil.,

Phone 9840393583