Clarification regarding withdrawn of allegation.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Some of it cannot be withdrawn entirity needs to be withdrawn and fresh application needed to made against the ones u want to keep but upon permission taken from court and discretion of the judge .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.
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.
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.
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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