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Procedure to withdraw an FIR lodged under Section 380 of IPC
26-May-2023 (In Criminal Law)
In 2015 I nabbed a man stealing my roommate's phone. He was handed over to police, and an FIR was lodged by me against the accused under my name since I had nabbed him, even though he had not stolen any of my belongings. Now I have come to know that hearing of case has begun. I don't know if the accused has ever attended the trial, and I have been summoned by the court. FIR is lodged under SECTION 380. I don't want to pursue the case. Whereabouts of my roommate is also unknown to me. I am involved just because it was filed by me. HOW CAN I WITHDRAW THE CASE? There are little chances of the accused attending the trial. Please help me in both the cases of accused present and absent. Thank you!
Hello concern,
As now you are the complainant in the case so the court will summon you only ..but now the case is state vs xyz so state is also the party once the fir get lodged in criminal cases it becomes state vs xyz and basically you are called as witness to give your statements ..this is one part...secondly you not clarified me that you had given your permanant address or your temporary address to police ,,only once i get to know this i can give you any advice further.
As now you are the complainant in the case so the court will summon you only ..but now the case is state vs xyz so state is also the party once the fir get lodged in criminal cases it becomes state vs xyz and basically you are called as witness to give your statements ..this is one part...secondly you not clarified me that you had given your permanant address or your temporary address to police ,,only once i get to know this i can give you any advice further.
Helpful?
43+
43+
Adv. Ankit Kumar Tyagi
Delhi | 25+ Answers
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FIR can never be withdrawn since its a cognizable offence and the same can only be quashed by the High Court. You will not have to attend the case trial all the time. The summon must only be for recording your statement but without looking at the summon nothing can be said. It is just a matter of one or two days that you have to attend the matter.
Helpful?
50+
50+
Adv. Suparna Sinha
Delhi | 25+ Answers
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