How to withdraw a criminal case?
2 years ago
Gud morning sir
There is a case going on in session court. Our case is a trespassing case. Our neighbour is trying to encroach our small portion of land for his parking. We have filled a case against him. But now the problem is he has sold his property to another person. Now do we need to put case on them also. Please help me
Devesh Tripathi
Responded 2 years ago
If new occupants also do the same u can get lodge a fresh case against them.
U can file case in sdm court too under section 133 crpc
If it is a small case with bailable offences then witnesses can be turn hostile or a compromise petition may be filed in the Trial Court and get it closed. Otherwise you have to go to the High Court and get it quashed under Section 482 of Cr.P.C.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Your neighbor would still be liable for his illegal actions, even though he is not the owner of the property. You can still claim compensation and damages from your neighbour. The buyer of the property can committed no wrong, so he is not a party to the case. If you want to withdraw the case, you need to move an application of withdrawal before the court.
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You can continue the case against your neighbor, as he had committed illegal act, therefore he can still be punished as per the law, even though he is not the owner of the property anymore, still if you wish to withdraw the case, you will have to move an application of withdrawal before the court.
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Devesh Tripathi
Responded 2 years ago
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