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Arvind Singh Chauhan (advocate)     11 February 2011

321 Cr.P.C.

State files withdrawal application. Whether accused has right to object or not ?


Accused is not heard generally on the point of withdrawal. What can accused do, if he wants to be acquitted after contesting the case.


Co accused arranged the withdrawal of case. But one accused wants to contest, because case was totally false and politically motivated.



Learning

 2 Replies

N.K.Assumi (Advocate)     11 February 2011

Very interesting query. I would love to see the responds of the LCI members.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     11 February 2011

1.  A named person is termed an Accused, till pending of a Case.


2.  If the case is withdrawn by the Complainant (State),  then the person no longer can be termed as an Accused.   The term "accused"  has nothing to do with term "Acquittal or Conviction".    Once Convicted, the person is termed as a "criminal" till the last day of his imprisonment.  After the imprisonment period, the person  CANNOT be termed as a  Accused or Criminal or whatever, except an ordinary citizen.  By Law, after the conviction and imprisonment, the person is necessarily  deemed to the "Reformed" citizen, deriving each & every right of a normal citizen.
(THIS IS MORE SO WITH MOST OF OUR POLITICIANS AND RELIGIOUS LEADERS)


3.  IF the Case is withdrawn, before or after Trial proceedings, BUT BEFORE PRONOUNCEMENT OF JUDGEMENT then too the person no longer can be termed as an Accused.


4.  Acquittal or Conviction IS POSSIBLE ONLY AFTER TRIAL & NEVER BEFORE TRIAL.  IF no Trial is conducted there is no question of Acquittal or Conviction and the accused loses all rights of appeal against his Acquittal or Conviction.


5.  HOWEVER, the aggrieved person (accused) may approach the HC with a WP against the alleged complaint (now withdrawn case)  and seek clarifications and appropriate directions from the apex judiciary for True / False reasons of withdrawal of case by the State and seek directions to the State to appropriately prosecute the complainant and for appropriate compensation / damages / costs, for physical & mental trauma.


6.  Making statement against a person that he WAS a accused or WAS a Criminal or WAS Acquitted some 5 years back,  can be deliberate Dis-rereputing or Slander or Defemation the present image of the person.


Keep Smiling .... Hemant Agarwal


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