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Clarification regarding withdrawn of allegation.
07-Feb-2023 (In Criminal Law)
If I want to withdraw allegation from some of the offenders in a case, would it amount to withdrawl of the whole of the prosecution. In that can I proceed the prosecution and remaining offenders be sued. If I compound with some of the offenders in a prosecution , can the prosecution be proceeded
Some of it cannot be withdrawn entirity needs to be withdrawn and fresh application needed to made against the ones u want to keep but upon permission taken from court and discretion of the judge . You are requested to consult a lawyer for the same with facts elaborated in full.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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First you tell me in which Forum you lodged your complaint? If, it is a police case then tell me the present state/status of the case. Whether the investigation of the case is continuing or, police has already submitted Charge-Sheet of the case? Answers are different in different situation. Without vivid details it can not be concluded.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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First to see whether the Section is Compoundable or Not. and Then the question of Compound will come. Generally when we make a Compromise Petition then gravity of the Case or Marit of the Case already lose its track. Therefore, in such a situation, the Accused will acquitted.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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MY OPINION THAT you should have proceed according to the situation of the legal status & you have every right to withdrawal the part of the prosecution and you have to follow the others, as the situation being required.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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