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CrPC, 1973
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CrPCChapter XXSection 257
Section257

Withdrawal of complaint

AI Assist

Summary

A complainant may request the magistrate to withdraw a complaint at any time before a final order. If the complainant satisfies the magistrate there are sufficient grounds to withdraw the complaint against any or all accused, the magistrate may permit withdrawal. Once withdrawal is permitted, the magistrate must acquit the accused so withdrawn.

Example

Priya files a complaint against Arjun saying he damaged her shop. Before the magistrate passes a final order Priya satisfies the magistrate there are sufficient grounds to withdraw the complaint. The magistrate permits withdrawal and acquits Arjun.

Bare Act

Enacted text

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

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XX

Chapter XX

Trial Of Summons-Cases By Magistrates

In this chapter

  • 251Substance of accusation to be stated
  • 252Conviction on plea of guilty
  • 253Conviction on plea of guilty in absence of accused in petty cases
  • 254Procedure when not convicted
  • 255Acquittal or conviction
  • 256Non-appearance or death of complainant
  • 257Withdrawal of complaint
  • 258Power to stop proceedings in certain cases
  • 259Power of Court to convert summons-cases into warrant cases
Previous · Section 256Non-appearance or death of complainantNext · Section 258Power to stop proceedings in certain cases