amarjeet (none) 15 August 2013

Urgent help needed

Hi ,

I have a case pending against me since december 2010 Ipc 379 and Ipc 380 .. the case was filed to the court by the police and i am out on bail ./// the oposite party dsnt want to take the case futher and is ready to give an affidavit to withdraw it .. the nxt hearing is on 13th november . She has never attended any hearing till date .. all i want to kno is can the affidavit be submitted bfre 13th november ? if not then wen we submite it on 13th november how much time will it take for the case to withdraw ? will it be withdrawn the same day // ?? pleae help .. this case is ruining my futher studies .. n if it wil take time can the court help me with a noc as the oposite party is ready to withdarw it ? please help

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4 Replies

Sudhir Kumar, Advocate (Advocate) 15 August 2013

read both sections

Section 379. Punishment for theft

Whoever commits theft shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Compoundable by the owner of the property stolen with the permission of the court.

Section 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 descripttion for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

amarjeet (none) 15 August 2013

So how much time wil it take to withdraw the case ! Cus the owner of the property is ready to withdraw the case..

Kolla Gangadhar (Practicing Advocate since 1986) 16 August 2013

Section 320 Cr.P.C. compounding of offences, the complainant has to file Petition in the court to withdraw case with the leave of court case can be .withdrawn.

Rajaramana RV (Employee) 16 August 2013

File the application on your hearing. In how much time did you get the bail? You need to get the affidavit signed by her and produce before court. Depending on the number of hearings if she is not coming, you can try for dismissal of case. So let us know how many hearings you had so we can give advice further on your case.