'Complainant has no legal or vested right to withdraw a complaint as and when he wishes.' Elucidate.

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2023
'Complainant has no legal or vested right to withdraw a complaint as and when he wishes.' Elucidate.

Answer & Explanation:

Withdrawal of complaint Section 257 of the Code of Criminal Code, 1973 (CrPC) lays down the circumstances under which a complaint may be withdrawn with the consent of the Court in a summons case. It permits a complainant, at any time before a final order is passed in any case, to withdraw, with the permission of the Magistrate, his complaint against the accused, or if there be more than one accused, against all or any of them provided he satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint and the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom complaint is so withdraw. On a bare reading of this section, therefore, it can be manifested that a complainant has no absolute vested right to withdraw a complaint as and when he wishes, and the same is subject to section 257. Withdrawal of the complaint under section 257 of CrPC is permissible only if the Magistrate is satisfied that there are sufficient grounds for permitting such withdrawal. This clearly implies that the Magistrate must apply his judicial mind to the reason, which compels the complainant to withdraw the complaint, before granting permission.

Topics: Criminal Procedure Code (CrPC)

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