Section 257 of Cr.P.C..Withdrawal of complaint.

257.Withdrawal of complaint.-

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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

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Section 257 Cr.P.C. reads as follows:-

"257. Withdrawal of complaint.- 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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn."

As per Section 257 Cr.P.C., the leaned Magistrate permits for withdrawal of the complaint then as a result of it, the accused is acquitted. Once the accused is acquitted, Section 300 Cr.P.C. stands as a bar to try the accused once again.

MADRAS HIGH COURT.

N.Palanivelu vs State Rep. By on 28 July, 2011

DATED:28.07.2011

CORAM

THE HON’BLE MR.JUSTICE T.SUDANTHIRAM

CRL.O.P.No.15428 of 2010

and

M.P.No.1 of 2010

N.Palanivelu .. Petitioner/A-4

.. Vs ..

State Rep. by

The Forest Range Officer,

 

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