Sec 257 crpc and warrant case
Sonia Prabhu
(Querist) 16 April 2014
This query is : Resolved
My query is,
is Sec 257 Crpc 'Withdrawal of complaint' applicable in warrant cases too. Where trial is for changes;such as : 326,and dacoity,ie cognizable and non compoundable offenses. Can the original complainant / first informant file an application under sec 257 in such cognizable non compoundable offenses?
Devajyoti Barman
(Expert) 16 April 2014
Madam, queries of academic interest is not replied here.
If it has practical applicability then please mention the problem.
Sonia Prabhu
(Querist) 16 April 2014
Dear Mr Barman,we have interacted on various queries and by now it is known to you that I appear in person and have always asked practical queries. Even this present query is a practical one.
Devajyoti Barman
(Expert) 16 April 2014
Appearing in person in your own case or you are representing a third party.
What has happened in your case?
Sonia Prabhu
(Querist) 16 April 2014
I appear in person for my brother on POA. The criminal trial under sec 326,and other non bailable charges (with incomplete investigation) is made time bound by HC. My cousin who is the first informant and original complainant wants to withdraw the complain. I saw the provision 257 crpc but it is titled under summary cases. Hence I wanted to know if he can move such withdrawal application in trial with serious offences.
Devajyoti Barman
(Expert) 16 April 2014
It is a non-compoundable offence and hence mutual quashing form high court is only option.
Acquittal through stage-managed trial would take lot of time.
Sonia Prabhu
(Querist) 17 April 2014
Thanks for your valuable advise.
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
acquittal through stage managed trial will be a better option than approaching high court for quash and cost wise it will be cheaper too.
Sonia Prabhu
(Querist) 17 April 2014
Dear experts, you might find it repetitive but please understand the trial is on a very crucial stage and your advises are very imp,
All these options which you have shared above are applicable for mutual compromise.
But in present matter there is no compromise and the accused are dominating the trial. Thus to avoid further victimization the Original Complainant wants to withdraw his complain. Being a warrant trial can he make such application ? Can such an application be objected by accused and rejected by court?
Is there any other way this trial can be stopped and Original Complainant can take back his complain.
