Phone recording
madhav pande
(Querist) 16 July 2015
This query is : Resolved
I have filed 2 criminal cases against Accused my sister. I was recently diagnosed with early stage breast cancer with favourable prognosis. In a state of weakness I told my sister (Accused)yesterday that I would withdraw my cases due to health. She recorded telecom without informing me. Accused told me that she would consult her lawyer to guide me with re case withdrawal. She (Accused) also told me that her lawyer would help me changing my lawyer as I was not satisfied with him.
Next day I had a check up in hospital where my doctor has given a written report confirming I do not have breast cancer at the moment & my body is fully clean. I immediately SMS Accused - my sister telling her that now I will not withdraw cases as report is clean.
Is this telecom admissible as evidence in court. Can the Accused & Magistrate force me to withdraw my cases. Are there any other implications of this telecon which might affect me adversely?
Khaleel Ahmed Mohammed
(Expert) 16 July 2015
Hi,
The withdrawal of criminal cases depends upon the offence charged against the accused, if it is non compoundable the complainant can not withdraw. You can seek paid expert legal advice through visiting www.mkatruelaw.com
Rajendra K Goyal
(Expert) 16 July 2015
The statement was not before the Magistrate. Even withdrawal / compounding depends on many factors, discuss with your lawyer.
Kumar Doab
(Expert) 16 July 2015
Discuss with your lawyer.
Rajendra K Goyal
(Expert) 17 July 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Phone-call-between-complainant-accused-548391.asp#.VaiJj6Sqqko
http://www.lawyersclubindia.com/experts/Withdrawl-of-criminal-cases-548306.asp#.VaiIbKSqqkp
