A, a complainant wants to withdraw a complaint, filed against the accused B in case of a ‘warrant’ trial. Can A do so? Give reasons and also refer to the case law/ laws on the point, if any.

Question: A, a complainant wants to withdraw a complaint, filed against the accused B in case of a ‘warrant’ trial. Can A do so? Give reasons and also refer to the case law/ laws on the point, if any.

Find the answer only on Legal Bites. [A, a complainant wants to withdraw a complaint, filed against the accused B in case of a ‘warrant’ trial. Can A do so? Give reasons and also refer to the case law/ laws on the point, if any.]

Answer

Section 257 in the Code of Criminal Procedure, 1973 lays down provisions regarding the withdrawal of complaints. It states that:

“If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.”

This section applies to summons cases only. It was observed in State of Gujarat v. BP Zina, 1970 Cr LJ 919 that where a case is instituted on a police report, the Magistrate cannot exercise his power of acquittal on an application of withdrawal made by the person at whose instance the police moved in the case.

However, as held in Re Ganesh Narayan Sathe, (1889) ILR 13 Bom 590 where the offence charged is a “warrant” and not a “summons” case, a Magistrate ought to proceed with the inquiry or trial in spite of the withdrawal of the complainant if he finds the elements of an offence on the facts set forth in the complaint.

In a trial of a warrant case initiated on a private complaint, the complainant has no power to withdraw the complaint. So, now referring to the situational problem A cannot withdraw the complaint filed against B in the case of a warrant trial.

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