Dear Friends In a private complaint under 156(3) an FIR was registered After investigation the Investigating officer has filed a closure report under 169 along with "B" summary of C.R.p.C. and the Ld' Magistrate has rejected the investigation report and has directed the complainant to proceed with the original complaint as per Law. Since 3 years the complainant is not moving and various applications for adjournment are filed and the complaint is on the same stage. 1. Can I withdraw my bail sureties. 2. After withdrawal of sureties am I still an accused. 3. Will I loose locus in the complaint pending before the Ld' Magistrate after the sureties are withdrawn. Regards Raju Shah
Hello,
You can challenge the same proceedings before the Higher Court.
Till the time the case is pending it is not advised that you withdraw the bail sureties.
You may please post your question in detail in the follow up question for detailed answer, your question is not clear.
Regards
you have to make application in court and have to ask permission from court to withdraw the surety
2) state the reasons why you want to with draw surety
3)Section 444 in The Code Of Criminal Procedure, 1973
444. Discharge of sureties.
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
In this condition it is better for you to move a petition before the high court under section 482 of the CrPC for quashing of complaint. The High Court has special power under this section to quash complaint on the ground of inordinate delay. There is inordinate delay of 3 years and component get many adjournments, this conduct of the component shows that he is reluctant to proceed further. In this condition The High Court kind quash the complaint.
After quashing of the complaint, case will be closed against you. You bail surety will be released by the court after quashing of complaint.
The options you have mentioned will not workout..
Rather file a Revisional application before the high court for expeditious hearing of the case whereby the high court would fix a time limit within the trial is to be completed by the court.
So act accordingly.
Dear Friends After the Investigation report under 169 along with :B: summary was set aside by the Ld' Magistrate. the Complainant was directed to proceed with the case as per law. I approached the Hon'ble High Court under 482 where the Hon'ble High Court has stated that I have approached before them prematurely and process is not issued. Since then the complaint is pending and process is not issued. the complainant has approached under revision before the sessions as well as High Court for re investigation by CBI and both the applications were dismissed. The complainant is delaying the arguments at the evidence stage for issue of process under 203 and hence the delay. Can I approach again before the Hon'ble High Court under 482 or should i withdraw my sureties. Will withdrawing the sureties help me to end this case and can I proceed to file a defamation suit against the complainant. Regards
1) since HC has held that you have approached them prematurely before issue of process in such a case it is better to wait for issue of process then approach HC
2) you are at liberty to file defamation case against the complainant for maligning your reputation
Withdraw the sureties and then proceed to file the defamation case.
Regards
If you are enlarged ion bail then the bail shall remain effective till the disposal of the case.
If you withdraw the bail surety then the bail is liable to be cancelled and you can be remanded to judicial custody in a prison.
If the complainant is not progressing the case or delaying it with an intention to torture you, then you may move high court to either quash the case or to direct the loser court for an expeditious trial.
Can I approach again before the Hon'ble High Court under 482 or should i withdraw my sureties.
You can approach the high court for expeditious trial of processing the witness.
Will withdrawing the sureties help me to end this case and can I proceed to file a defamation suit against the complainant.
The defamation case will be liable only when the complaint against you has been proved false.