Withdrawal of name in fir under duress
Kavindra
(Querist) 11 September 2015
This query is : Resolved
I have lodged an IPC 420 FIR against a few persons among whom one of them is pressurizing me to withdraw his name from FIR or he will take "stay" from High Court and that will weaken my case only. Is this possible?
dev kapoor
(Expert) 11 September 2015
Any person aggrieved can invoke HC jurisdiction under section 482 Cr.P.C but if you have given sufficient proof in FIR you need not bother.You will be heard in the matter and establish your case against this gentleman also.Even otherwise if there is little or no evidence of "cheating" as defined in ur FIR your case may be dropped against one person but may not weaken in respect of others.WHY should you withdraw his name?. Dont do that...
Kavindra
(Querist) 11 September 2015
The proof against him are the witnesses - the buyer and a few others. And above all, he received the whole payment made in lieu of fraudulent sale deed in his account and distributed the money to the co-conspirators by cheques!! Have you seen such a foolish fraud???
And if suppose he succeeds to force me write an application withdrawing his name with help of threats, etc., how can I withdraw it?