Withdrawal of Section 380
Abdul Karim Shaikh
(Querist) 06 January 2018
This query is : Resolved
Hi,
I was found guilty under IPC 380 of picking up a mobile phone from a shop. I had done this under severe financial stress as I was depressed. The phone has been handed back to the Shop and the shop has also claimed for insurance. I am out on bail now. I have now reached on a compromise with the Shop owner and he is ready to withdraw the case from the court and also the police station.
Could you please guide me as to how the shop owner can withdraw the case from court and police station?
Also I believe there is a Court hearing some time this month, however I don't intend on going to Court for the hearing. Could you please let me know what would be the consequences if I don't go for the hearing.
Thanks for your help.
Kishor Mehta
(Expert) 07 January 2018
Theft is a criminal offence and the local police handles the case. Once a criminal case is filed it is for the Court to decide on the quantum of punishment. You are advised to attend the court, otherwise severe punishment may be meted out.
Guest
(Expert) 07 January 2018
Quite a hypothetical criminal case story, where proof of offense has been returned to the owner, besides getting the stolen article the owner has also been benefited with the insurance claim and the case is still with the court of law?
Any reason, the owner has not yet withdrawn the complaint from the police and you have also not asked this question from the police, whether the police will be able to withdraw the case from the jurisdiction of the court?
Guest
(Expert) 07 January 2018
Perfect surgery of your question has been made by Mr. Jigyasu.
By the way, are you sure the case is filed under section 380?
P. Venu
(Expert) 07 January 2018
Theft is a compoundable offence; the owner of the property can compound.
Guest
(Expert) 07 January 2018
@ Mr. P. Venu,
With reference to your reply, can I ask, have you gone through the section vis-a-vis the description of the query?
P. Venu
(Expert) 07 January 2018
MY suggestion is addressed to and meant for the querist. Certainly, anyone is free to point out errors or lapses in my posting, but the through an informed posting in order that knowledge could be shared and improved, and mistakes and lapses corrected.
LCI can very well do without a super moderator, that too, in order to overawe the querists and those who happen to be among the experts.
Guest
(Expert) 07 January 2018
@ Mr. P. Venu,
If you mind any hint and are fully determined not to improve your knowledge to some agreeable standand, never mind. Anyway, wish you the best of luck !
Guest
(Expert) 07 January 2018
Dear Shri P. Venu,
If you don't mind, I may say that I could find quite a valuable hint out of the post addressed to you by Mr. Jigyasu. Irrespective of the way he pointed out, there was somevalid point to be understood at leat by the experts. Here, your intention might be to guide the querist, but had you appropriately analyzed the query with specific reference to the quoted section, you could well have detected that the query is purely an academic query of some law studen seeking answer to that, but without going through the section, in itself. So, with your reservation not to take the hint in right perspective, neither your aim is fulfilled to guide the student, nor that of the querist is fulfilled with your answer.
A professional has to enhance his knowledge any time and every time with the passage of time. In my view, knowledge is such a valuable substance that even the wisest person prefers to take hints out of the conversation of some idiot even to improve his knowledge, as he knows, nobody can be perfect on this earth. Rest depends upon person to person as per their own wisdom.
Please excuse me, if I have also hurt you, like Mr. Jigyasu But, rest assured, my post is not in support of Mr. Jigyasu in any way, but in your own interest in view of your budding career in the field of law.
P. Venu
(Expert) 07 January 2018
Learned Expert Mr.Dhingra:
You are an expert of great standing in the LCI and have been a torch bearer. I have adjourned it many a time. Please do not compel us to form a different view by your moving in tandem with self-claimed legal analyst JIGYASU.
As far as the present query, the intervention from you as well as JIGYASU on my suggestion is quite unwarranted since both of you had just tried to run done and ridicule the querist without offering any suggestion at all!
Certainly, the present posting is not my interest or that of the LCI but a hidden agenda to spoil this August Forum. Certainly, everyone of us look forward to constructive contribution from you.
Abdul Karim Shaikh
(Querist) 07 January 2018
I am disappointed with the answer by Jigyasu and by the internal fighting. This is a genuine question and I am the convict.
Yes , the stolen phone has been handed back to the Shop owner and also the Shop owner had earlier claimed for insurance.
I need to know urgently from someone credible from the experts as to what is the procedure by which the Shop owner can withdraw the Case from the court. What sort of application will the shop owner have to file in the court or police station? The charge sheet has already been filed and presented to Court and the first hearing is due in some days. Also I don't have the funds to hire a lawyer. I believe the government would in this case assign me a lawyer free of cost, is that right.
I would also like to know how can I check when my case is due for hearing, since I don't have a lawyer now.
Thanks and Regards
Guest
(Expert) 07 January 2018
Dear Shri P. Venu,
It was not my intention to let you down in anyway. The only thing is that, if I consider the query of academic nature, I do not share my knowledge with any student, who is not serious and sincere towards his studies.
Sorry to note that our mental set up cannot coincide to some extent, as that is indicated from your response to my post.
Anyway, thanks.
Guest
(Expert) 07 January 2018
@ Mr. Abdul Karim Shaikh,
Probably, you are in a misunderstanding that you have put your question before infant children, who cannot understand the difference between a problem and an academic question.
The irony is you have not been arrested for stealing and also not been produced before the court of law, recovered stolen material has not been kept by the police as evidence or produced in the court of law, you have not taken any bail in the case, the case has been filed in the court u/s 380, but without any evidence. There are several holes in your story and still you are a convict.
Anyway, as of hint, I may say, you may feel lucky, if the case has been booked u/s 380.
Kumar Doab
(Expert) 07 January 2018
Central Government Act
Section 380 in The Indian Penal Code
380. Theft in dwelling house, etc.—Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
https://indiankanoon.org/doc/839778/
Kumar Doab
(Expert) 07 January 2018
Central Government Act
Section 378 in The Indian Penal Code
378. Theft.—
https://indiankanoon.org/doc/1280620/
Central Government Act
Section 379 in The Indian Penal Code
379. Punishment for theft.
https://indiankanoon.org/doc/1101188/
Central Government Act
Section 321 in The Code Of Criminal Procedure, 1973
321. Withdrawal from prosecution. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,-
(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;
(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences: Provided that where such offence-
(i) was against any law relating to a matter to which the executive power of the Union extends, or
(ii) was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946 ), or
(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or
(iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, and the Prosecutor in charge of the case hag hot been appointed by the Central Government, he shall not, unless he hag been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.
Kumar Doab
(Expert) 07 January 2018
THE CRIMINAL LAW (AMENDMENT) ACT, 2005
Insertion of new Chapter XXIA.
4. Insertion of new Chapter XXIA.-After Chapter XXI of the Code of Criminal Procedure, the following Chapter shall be inserted, namely:-
CHAPTER XXIA PLEA BARGAINING
http://mha.nic.in/sites/upload_files/mha/files/pdf/CriminalLawAmendmendAct,2005.pdf
Delhi District Court
State vs Santok Singh U/S. 457/380/411 Ipc on 26 May, 2015
20.Section 380 IPC prescribes punishment for theft in a dwelling house. The theft is defined under Section 378 IPC. The essential ingredients to constitute an offence under Section 380IPC are as follows:-
1. Intention to take dishonestly
2. The property shall be movable property.
3. The property shall be taken out from the possession of any person without his consent.
4. There should be some moving of the said property to such taking.
5. The theft should have been committed in a dwelling house or place used for safe custody of property.
https://indiankanoon.org/doc/181169561/
Kumar Doab
(Expert) 07 January 2018
Mr. Abdul Karim Shaikh,
Approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in criminal matters and having successful track record and your able lawyer can handle the matter for you.
Guest
(Expert) 07 January 2018
@ Kumar Doab,
Mr. Kumar Doab (unreal name of a fake expert) is a proven master in copying and pasting, has been proved from his 4 (four) continuous posts. That also proves well that he merely plays a number game merely to add scores to his credit, as nowhere he has provided solution to the querist, who asked, "how the shop owner can withdraw the case from court and police station."
Kumar Doab
(Expert) 07 January 2018
Dear Mr. P. Venu,
Such queries have been discussed, illustrated at LCI many times.
I shall take time to share a few links with you.
You may continue to post, share in the threads.
The entities are not two but one. There is NO surgery.
Kumar Doab
(Expert) 07 January 2018
Mr. Abdul Karim Shaikh,
Put in some little more effort and you can search old threads as well.
YOU will also agree thee are not two entities and there is NO surgery.
Kumar Doab
(Expert) 07 January 2018
In future stay away fro such acts and activities.
Go, Get an opportunity to reform, and lead civilized life in civilized society.
Kumar Doab
(Expert) 07 January 2018
Both the entities that are one not TWO, but ONE, now will run to litter IT's =@PSD's trademark nuisance,sarcasm, abuse also at profiles of querist, Experts, members, LCI admin...............
Guest
(Expert) 07 January 2018
@ Kumar Doab,
4 (four) more vague and irrelevant posts of Mr.Kumar Doab (unreal name), a fake expert, as of playing a number game to add scores to his credit!
Further, his statement addressing the querist, as "Abdul Karim Shaikh, Put in some little more effort and you can search old threads as well," is a very clear admission on the part of Mr. Kumar Doab that he is unable to provide any solution, but makes only redundant multiples of vague and irrelevant posts as of playing merely a number game.
Kumar Doab
(Expert) 07 January 2018
AS far as I understand Mr. P.Venu has been appearing in courts for many years.
He is not budding at law.
Kumar Doab
(Expert) 07 January 2018
The querist Mr. Abdul Karim Shaikh
and
anyone else
any reader will be fully aware that the entity is=1 and not 2.
and also that the illustrated threads, attachments, citations by Experts like Shri Kumar Doab and other Experts like Mr. P. Venu are downloaded, stored by these pointed entities..
The daily unending quarrels, nuisance, abuse, tamashaa (admission of IT=@PSD) under all multiple fake ID's is to make points and resort to advertisement and cheap publicity.....
Guest
(Expert) 07 January 2018
@ Mr. Kumar Doab,
Mr. Kumar Doab always has wrong notion about others. He has not even taken the trouble to see the profile of Mr. P. Venu, in which he himself has stated that he retired from Government service in 2013 and enrolled with Bar Council of Kerala after his retirement.
When Mr. P Venu has not denied the fact, with what justification Mr. Kumar Doab has come forward with his false statement on behalf of Mr. P. Venu, can be of anybody's guess.
Anyway, he found the opportunity to make two more vague posts as of his lust to play a number game merely to add scores to his credit.
Kumar Doab
(Expert) 07 January 2018
Th last post above my this post and all other posts in this thread and other threads today and yesterday upto day1 under one of these multiple fake ID's duly advertise that;
The advertisement at LCI and outside is good for nothing......
and
the trademark nuisance, sarcasm. abuse, from multiple fake ID's won't stop.
IT will remain unending from IT=@PSD....
Guest
(Expert) 07 January 2018
@ Kumar Doab,
Kumar Doab is welcome again with his disturbed mind full of utter frustration and irritation for not justifying even anyone of his previous ten posts merely for a single question.
Ms.Usha Kapoor
(Expert) 08 January 2018
Attempt to theft is a bailable, cognizable and compoundable offence. So you and also the Shop keeper of mobile phones attend the court on the day fixed for hearing and tell that you and the shop keeper have decided to compound for compromise the case out of court settlement./The court's endeavour also would be same instead of protracted litigation. which is abuse of courts time.Then through mediation and conciliation otr through Lok Adalat you may compromise or settle the case under Lok adalat seal; whose decree is final and binding on you both as its decree is equivalent to a civil court decree. Moreover it will be decided within 20 minutes sharp.aSSUMING THAT YOU b90oth go to court on its next hearing without compromise or without compounding the case since the thief is a first time offender the court may acquit him with some serious warning or pass some lenient sentence.
Guest
(Expert) 08 January 2018
Congratulations, you found the answer from Ms. Usha Kapoor, but still not worth the answer to your academic query to solve.
.
Abdul Karim Shaikh
(Querist) 08 January 2018
Jigyasu, it seems that you have very limited knowledge on legal matters and still call yourself an expert. When I have again reiterated that this is a genuine case and I am the convict, you have decided to take this query lightly and refused to reply and instead have passed comments on others who have tried to help. It is the mindset and the attitude that you carry is because of which our country is still a developing nation. I would request the owners of this site to reconsider Jigyasu's credibility as an Expert in order to let your site be more useful.
Meanwhile I thank Ushaji and Kumar Doab for their help.
Guest
(Expert) 08 January 2018
@ Mr. Abdul Karim Shaikh,
From your comments where you made taunt on me stating, "it seems that you have very limited knowledge on legal matters and still call yourself an expert, it seems you have a very good knowledge on legal matters, but you have posted your question just to make fool of the experts. When with your knowledge, you can say the others have limited knowledge, what was the logic of asking your question to the experts?
Instead of reiterating, rather harping the same tune here on your case being genuine you could have consulted some local lawyer to help you practically, if the problem is real one.
Question arises, when the shopkeeper has assured you that he would withdraw the case, why you could not rely on him or could not take him to the police station to get her words practically translated in to action? Suppose, if some most knowledgeable expert (as per your judgment or belief) says that the shopkeeper cannot withdraw the case, even then you will have to fight the case through some lawyer. So, why not contact some local lawyer to get some practical help, whereas, at this platform due to the nature of your question, you can only get confused with mix-up of positive and negative replies.
For example, Mr. Kishor Mehta has advised you that "once a criminal case is filed it is for the Court to decide on the quantum of punishment. You are advised to attend the court, otherwise severe punishment may be meted out.." Contrary to that, Mr. P. Venu has stated, "theft is a compoundable offence; the owner of the property can compound." Now Ms. Usha Gupta has treated your case, as merely an attempt, instead of theft and advised accordingly. Besides, Mr. Kumar Doab has rendered plenty of advice for you through multiples of his posts. After all he is also an expert.
Now, leave me aside, it is up to you as to which advice you would like to adhere to. About me, for your information, I never called me as an expert. My profile clearly speaks about me as a legal analyst and, as per my analysis, I still believe yours is merely a hypothetical academic query, which even seems to have been drafted by some novice law teacher.
BY THE WAY, CAN YOU ATTACH A COPY OF THE FIR AND THE CHARGE SHEET THROUGH FORUM SECTION WITH THE SAME QUESTION TO MAKE ME BELIEVE THAT IS RELATES TO YOUR REAL PROBLEM?
IF NOT, DON'T TRY TO FALSELY REITERATE THAT THIS IS A GENUINE CASE.
