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Do judge have to prosecute all accused or pick and chose is allowed?
01-Jul-2025 (In Criminal Law)
Complainant filed police report, non-cognizable, against defendant and 6 others whose identity known. He later disappoint so he framed false private complaint in metropolitan court one week with facts he invented. Police investigation complete with names of defendant and all 6 others. complainant only interest to prosecute main defendant. Can complainant chose to adjudicate against defendant only and not other persons or is judge obligated to prosecute all 6 others all.
Hi,
The complainant has every right to file an application before the MM or complaint before police against any respective defendant.
However, precise answer can only be given once we know the complete facts of the case.
Regards.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Sir, if in the case Prima Facie evidence is available against all then everyone will be prosecuted.
However, the Judge will question all the accused named and if he thinks no case is made out against a particular person he will discharge him.
Even if he prosecuted any particular person same can be challenged in the court as misconduct by the judge.
If you need assistance, Feel free to contact me and provide more details.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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If the chargesheet includes the name of other 6 peoplr then all of them will be prosecuted. As it is a non-cognizable offence, the complainant can not pick and choose. As in the non-cognizable offences even if there is an out of court settlement then also court is legally bound to prosecute the accused perso.
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Adv. Anuj Goel
Delhi | 50+ Answers
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Well i got a gist of your query, need more details to advise you regarding the same. kindly connect with us, so that we can have all the information required to advise you the due procedure in the scenario.
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Adv. Shaun Jomon
Delhi | 25+ Answers
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If a false private complaint is filed, the court may still proceed if a prima facie case exists. The complainant cannot selectively prosecute only one accused if the allegation involves others. Once the court takes cognizance, it is up to the Magistrate—not the complainant—to decide who should be summoned based on available evidence. If charges are fabricated, you may also explore quashing under Section 482 CrPC or file a counter case for malicious prosecution.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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