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Procedure to withdraw a case filed under POSCO Act
14-Jan-2023 (In Criminal Law)
how widrow posco case
There is no provision per se to withdraw a case under POSCO as these are non compoundable offences. However you can try to get the same quashed by the high court based on settlement. If high court is not amenable to quash the proceedings then the only option that remains is enter the witness box and deny the veracity of the complaint.
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Can Pocso be withdrawn?
Pocso is a non-compoundable offense, and its very hard to halt proceedings. Now, courts are reluctant to dismiss proceedings for non-compoundable offenses. Pocso treats henious crimes. The best thing to do is to have the complainant come to the trial court and narrate either the truth or the hostile version.
Is it possible to withdraw a court case?
First, only the public prosecutor can withdraw a case. The case cant be withdrawn by the petitioner, the accused, or on any government order. The prosecutor must explain to the court the reasons for withdrawing the lawsuit.
Can a pocso case can be quashed?
The court ruled that the proceedings in rape and POCSO Act cases can be quashed if the evidence available shows no crime against the accused but the police filed the chargesheets routinely without checking the evidence collected during the investigation. 14-Jun-2023
Posco cases to be withdrawn by whom? Question is not clear on that aspect.At what stage it has to be withdrawn.whether on complaint stage in the police station ?or at trial in the court ? Question is not clear on that aspect.Once a posco complaint is filed ,the legal machinery start rotating,like filing FIR,taking statements of victim,medical tests,arrest of accused,a nd culminating in submitting chargesheet in the court.It is almost impossible to withdraw the complaint at investigation stage.Next option is to Witnesses being hostile at trial stage.
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Adv. Ajee Rajappan
Kollam | 25+ Answers
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Settle the matter between the parties. File the criminal miscellaneous petition before the high coirt to wuash thebcase. Thats the only way to withdraw the case. You cannot withdraw the case from that particular court.
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Adv. Shyamdeep Shenoy
Kochi | 25+ Answers
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It is not possible to withdraw case filed under POSO Act once the investigation has started. Your question is, can pocso case be withdrawn? Once a POSCO complaint is filed, the legal process begins with actions like filing an FIR, obtaining statements from the victim, conducting medical tests, arresting the accused, and ultimately submitting a chargesheet to the court. There is no provision specifically for withdrawing a case under POSCO, as these are non-compoundable offences. However, you can attempt to have the case quashed by the High Court through a settlement with the party. If the High Court does not agree to quash the proceedings, your only option may be to testify in court and refute the allegations made in the complaint.
It is possible to get bail for POCSO cases depending on the nature of the case. To know how to get bail in Pocso Act cases, it’s important to contact a criminal lawyer and discuss the specifics of the case.
It is possible to get bail for POCSO cases depending on the nature of the case. To know how to get bail in Pocso Act cases, it’s important to contact a criminal lawyer and discuss the specifics of the case.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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