How to take back complaint filed u/s 354 / 354B
My parents along with group of 140 people were travelling to babadham by train. In the midst of travelling somewhere around 500 kms from our place, a man started drinking in front of the group of ladies accompanied by my mother, and started speaking something in language which my mother didn't understood, but was understood by other ladies of the group. They started shouting at the man. Seeing this the other persons of the group came forward and handed over that person to the police. The police of that railway station asked a written complaint and assured no one would be harassed later on. On assurance the complaint was filed by my parents signed by my mother, as other ladies denied to sign and witnessed by 3 other persons of the group including my father. Now after 15 days, suddenly all the witnesses are getting phone calls asking about the address of my mother. Also one of the witness got a summon under Sec 160 of CPC. The harressment has already started. My parents are very simple, don't know anything about law and now un-necessary they are facing this problem. Further The section imposed on the accused also came to my knowledge only after going through the summon copy of one of the witness. There was no intention of my parents and the group to get the accused behind bars, they only wanted him to be out of the train. Now whats the remeddial measure and how to take back the compaint, without facing any haressment and without reporting personally at that police station
Asked in Criminal Law from Guwahati, Assam
1. Since they have received the summons then must attend the court and speak what ever happened on that day.
2. i would not advise to withdraw the complaint which is not possible at this stage.
3. However the complainant if wish can speak in favour of the accused person in court resulting his acquittal on completion of trial.
She cannot withdraw the complaint now at this stage, she can remain non-responsive to the calls mad by police or others and may choose not to attend the court. If the witnesses do not want to go to police for inquiry, let them remain absent instead of troubling your mother. They cannot trouble your mother if police is summoning them.
if your parents wish to be out of it they don't have to go for the deposition in the court, as witnesses.
Regarding the phone calls, you should report to the police.
To withdraw the complaint you should appoint an advocate and either move application to compound the matter with the permission of the court or during the trial turn hostile.
Now the matter is before the court, so you cnanot withdraw it from the police station.
Is it possible to get the case transfer to our city, as my parents don't want to attend the court proceeding in a city which is almost 500 kms away? What are the consequences if my mother does not wish to attend the court proceedings at all?
Asked 1 year ago
1. The transfer of criminal cases is very difficult and rare. So forget this option
2.The parents can apply for their personal attendance during trial. This can be done u/s 205 crpc.
It will not be possible to transfer the case to your home town for the said reasons. Your mother being a complainant, if she remains absent for more than two summons, the court may decide to dispense with her evidence and further as per law with the case. Your mother being a complainant, if she chooses to abstain from the court proceedings intentionally then she would lose her case. However since she is no more interested in continuing with the prosecution, let she decide to not to attend the case, she will not be troubled.
1. This is no harassment. Summons have been issued for the recording of the statement of the witnesses, failing which the prosecution of the accused will culminate in his acquittal.
2. To take back the complaint you have to appear in the court and make the statement to this effect.
3. It is not possible to get the case transferred.
4. If your mother does not attend the court then a warrant of arrest will be issued against her.