How can withdraw after the case is filed?

In the court of Chief Metropolitan Magistrate (CMM) magistrate Nahida Sultana (pseudonym), she thought of suing her husband under section 4 of the Dowry Prohibition Act. Before the case, he went to Mahatchinta on a matter. Suppose, after the case, the husband does not have a family with him. He went on to worry about whether it could be withdrawn after the case was filed. After the advice of a lawyer, Nahidar did not hesitate. He gave him all the necessary suggestions regarding the case.

Thousands of judges, like Nahida Sultana, thought before suing the court, whether there is any chance of withdrawal. But according to the law, there is a chance to withdraw the case. It is important to know some things in this regard.

Withdrawal of criminal case

Criminal cases are usually two types: CR and GR.

The GR case is usually filed with the police station. And the CR case is to be filed in the criminal court.

On behalf of the plaintiff in the GR case, the state itself appointed a lawyer, who is called public prosecutor and prosecutor (PP). And in the CR cases, the complainant has to personally conduct the case by appointing a lawyer.

The decision to withdraw the suit due to lack of sufficient evidence in the case or a compromise between the parties in the case may come. In the case of withdrawal of the case, there are two types of provisions in the Criminal Procedure Code.

In the case of the GR, the state itself, in the cases, the public prosecutor has to apply for the withdrawal of the case under Section 494 of Criminal Procedure.

Under the Article 244 of the Criminal Procedure Code, the complainant in the CR case or petitioner on his behalf can apply for the withdrawal of the case.

Withdrawal of case on behalf of state prosecutor

Section 494 of Criminal Procedure states that the state prosecutor or public prosecutor can withdraw from any of the criminal or criminal offenses of any person, in the case of a lawsuit against a person with the permission of the court. The accused will be exempted for one or more offense if he has withdrawn before making the complaint; And if the prosecution is not required to make a prosecution after it has been resolved after the formation of the complaint or after the act, then the accused should be acquitted of one or more offenses. The public prosecutor will be pleased with the court's reason for the removal of the suit. There will not be enough reason for permission from the court to order the government to withdraw from the case only on behalf of the government.

Various issues have been asked to emphasize the court's review of withdrawal of cases under section 494.

For example: First, the withdrawal of the case will be made only by the public prosecutor. The case can not be withdrawn by the petitioner or the accused's request or any order of the government.

Secondly, the reasons for the withdrawal of the suit are to be explained in the court before the court on behalf of the prosecution. The court will not only order the withdrawal of the case based on the government's decision.

The court's decision about the withdrawal of the case is final. Therefore, if the court is not satisfied with the reason for the withdrawal of the case, then order the case to proceed without giving permission for withdrawal.

If the victim, the prosecutor or the plaintiff, thinks that the prosecution has withdrawn their case without any reason, then the case may be filed in the sessions judge or the High Court Division.

Withdrawal of the complaint (CR) case

Article 248 of the Criminal Procedure states that if the plaintiff can satisfy the magistrate's satisfaction till the final order of any case, then there is sufficient reason to allow him to withdraw the complaint, then the magistrate will allow him to withdraw the complaint and to acquit the accused.

This section is only in the case of disposable cases, which is described in Section 345 of Criminal Procedure Code. Therefore, the complainant can withdraw the complaint under this section.

Withdrawal of civil suit

According to the 1st law of the 23rd order of Civil Code, the plaintiff can withdraw the case or withdraw partial claim at any time after the civil suit is filed against all or any of the defendants. In cases where the court is satisfied that the litigation is a failure for any systemic error and there is reason enough to permit the plaintiff to prosecute the case for the content of the case or for a new suit, the court removes the case for its proper condition or partially Allow the disclaimer and the content of the case Or such part of the claim can grant permission to re-litigation.

In the case where the plaintiff withdraws or partial disclaimers without the stated permission of the court, the plaintiff will be responsible for the cost of the litigation according to the decision of the court and will be denied the right to file a new case concerning the subject or partial claim.

Under the provisions of this rule, the court can not allow one of the plaintiffs to withdraw the case without the consent of the other plaintiffs.

After the withdrawal, no further case can be filed

If the case is withdrawn after following the procedure and can not be sued again in the same matter. Such cases are prevented in the light of the 'Race Judicata' or 'Dubra' policy of the civil case and the 'Double Geopardi' or 'Dobra Court' in the criminal case. But if the court is satisfied by filing a revision in the higher court, the case of reconsideration or repetition of justice should be called justice