Can the statement given under section 161 be withdrawn ?
Tripathi
(Querist) 14 December 2017
This query is : Open
Dear Sirs,
My husband was falsely implicated in a criminal case under section 354 (c) & 354 (d) by our neighbor since my husband filed a civil suit and won the case. He further incited the other neighbor who was also affected by the removal of illegal constructions to give a written statement to the police making some allegations (not corroborating the charges mentioned in the FIR) under Section 161 of CPC. Misguided, the statement was made. The statement is part of the charge sheet. Now, he realizes his mistake and wants to withdraw his statement given under Section 161 CPC.
Kindly advise: :
1. Can anyone withdraw the statement given under Section 161 after the filing of the Charge sheet?
2. If so, what is the procedure?
3. My neighbor says that he can write a letter to the local police station about the withdrawal of his statement with copy to me sent by Speed Post. If we show the speed post letter to the court, will that be accepted?
with namaskar,
Mrs.Tripathy
Dr J C Vashista
(Expert) 14 December 2017
The complainant has to depose (before Trail Court) contrary to the statement made before police, no need and provision to withdraw the same.
Dr J C Vashista
(Expert) 14 December 2017
Statement made u/s 161 Cr PC has "no" evidentary value, however, it may be used for collateral purposes to prove version of prosecution, same can be resiled.
Dr J C Vashista
(Expert) 14 December 2017
The accused may apply to the court for compounding the complaint case with the consent of the complainant
Tripathi
(Querist) 16 December 2017
Dear Sirs,
Thanks for your kind guidance and response.
In case the complainant wants to withdraw the case which are registered U/s 354 (c), 354 (d), 506 & 509 after filing of the Chargesheet by the state, whether the same can be withdrawn in the trail court or can be withdrawn at the High Court only?
Kindly guide us please.
with namaskar,
Mrs.Tripathy
