IPC 420, 409 and 120B
Anoop Sharma
(Querist) 09 November 2010
This query is : Resolved
I would like to know some details on one case. There was a agent of the Govt office who stole some Post Office KVPs, NSC and with the help of post office staff he en cashed those NSC and KVPs. He withdrawal around 5 Lakhs amount from Post office. However these NSC etc pledge with the Govt office of state. When post office conduct a internal audit and found that these KVPs and NSC money taken out with a fraud. Then a FIR was launched again the person who stole the NSC and KVPs.
Current status of the case is, he went behind the bar for 15 days and come out on Bail. And during his interrogation he point out some official name in the scam.
Now he has deposited all the money back into Govt account but police has taken few officials under 120-B and court issued an arrest warrant against officials.
The Head of the department send an letter to SSP requesting to withdrawal of case because all the money is now in govt account.
Is that any possibility of case can be close or any other option for the official to get out of the matter. Please suggest.
Devajyoti Barman
(Expert) 09 November 2010
No ,mere returning the money by the accused to the place where from it was stolen does not remove the offence already committed. Moreover, the letter of withdrawal by the de facto complainant is also not sufficient as the offences are non-compoundable.
Arvind Singh Chauhan
(Expert) 10 November 2010
Only public prosecutor can withdraw the case. Department can take initiative in this regard. But it may be, if court permits the withdrawal.
R.Ranganathan
(Expert) 10 November 2010
Criminal offences cannot be withdrawn easily. The Magistrate has to be convinced for withdrawal of the case.
RAVI B SHAH
(Expert) 10 November 2010
Csae can be withdraw with the consent of the court by giving an application as he has paid the amount as per the FIR and now nothing is pending.
bhupender sharma
(Expert) 10 November 2010
Under section 321 of the Cr.P.C the prosecutor of the case can file an application for withdrawl of the same. More so if u want to get rid of the proecution may file a quashing petition by mentioning all the grounds / circumstances before the High Court and the same my be considered by the Hon'ble High Court. OR may go far Plea - Bargaining under section 265 A of the Code Of Criminal Procedure.
Arun Kumar Bhagat
(Expert) 13 November 2010
Under no circumstances this case can be closed. Post office staffs may get anticipatory bail on the ground of payment made and for no scope for further investigation but non-compoundable offence can not be withdrawn. Police can close the case on the ground of lack of evidence and non-cooperation of the defacto complainant. But these are tricks not the law.
Advocate. Arunagiri
(Expert) 13 November 2010
I differ from the other experts. Once the superior authority gives a letter to the Police to drop the case. The police has no power to file a charge sheet. Because for initiating prosecution against the govt employee, sanction of the superior authority is a must. If the superior authority does not give the sanction, how the police can file a charge sheet.
