Whether charges reduces in reply of application u/s 245(2)
Mahesh Chand Gupta
(Querist) 28 November 2012
This query is : Resolved
A person Mr. X filed a fake complaint case against four persons Mr. A, B, C and D and summoning order were issued under sections 34, 379, 411, 417, 418, 420, 467, 468 and 477 IPC. Mr. A was the main accused and it was stated that Mr. B, C and D were helping Mr. A. Two accused persons Mr. B and C submitted application u/s 245(2) in the court stating that the case is fake giving proper evidences. The court accepted application u/s 245(2) and ordered to the plaintiff to give reply. On reply, plaintiff reduces his charges to very low relieving a person Mr. A from his charges who was the main accused in the plaint. Now the case is on arguements in the court. Whether it should be treated that no charges remains against Mr. A as Mr. X repeats no charges against Mr. A and a charge of stealing cheque against Mr. B and C only remains in his reply. Now, the arguements should be restricted to this remaining charge of stealing cheque only?
Devajyoti Barman
(Expert) 28 November 2012
Unless the charges are deleted on the terms as stated above, it would continue to be pending as usual.
Raj Kumar Makkad
(Expert) 30 November 2012
As the complainant himself has withdrawn the charges against A and has reduced charges against other accused persons so the argument should be concentrated on the left sections though the matter of withdrawal of allegations should surely be touched in argument so that court may not leave mentioning this aspect in its order.
