• Withdraw request for corruption complaint

I am from Hyderabad, Telangana.
I have raised the complaint in Sangareddy Registrar's office(see below about complaint) about one of his colleague's bribe matters. The department initiated an inquiry Now the guy who took a bribe, connected with me via Our Apartment Gated Community president for a withdrawal request. They are asking me to send a mail to the Department stating that withdrawing the complaint.
 So I need advice from you legal experts if I withdraw, Is there going to be any complication from that guy like after withdrawal he says I am defamed so some counter from him on me etc.. What kind of assurance do I have to take from him to before withdrawl? any risk if i withdrawl.how i have to proceed here

See below the mail complaint that i sent to the department Based on this mail they started inquiry
Dear Sir/Madam,

To register our apartment under the Mutually Aided Cooperative Societies Telangana Act of 1995, our committee members informed us that they paid Rs. 70,000 to Mr. xyza, the Sub-Registrar in Sangareddy, Telangana, for the registration process. We kindly request an investigation into this matter to ascertain why Mr. xyza accepted this payment for the association's registration.
 
Furthermore, it has come to our attention that the Registrar approved the bylaws document, stating that a General Body Meeting (GBM) was held on March 31, 2023. However, no such GBM took place on that date. It appears that the payment made by the committee may have influenced the approval of the bylaws without the actual AGM meeting held on March 31, 2023.
Registration Number:Reg No:TS/SRD/MACS/2023-13/FOW&M
We kindly request a thorough review and inquiry into these discrepancies to ensure transparency and adherence to legal procedures in the registration process.
Asked 1 year ago in Criminal Law
Religion: Hindu

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12 Answers

Once you have filed a complaint you shouldn't take it back otherwise it would mean that you took it under pressure. He will not do anything as he'll want to just get away with it ie the employee.

Therefore it totally depends upon you whether you take back the complaint or not.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Let the accused employee approach you in person and request you to withdraw the complaint in writing by apologizing himself for this act. 

You keep that letter with you and then you can withdraw your complaint so that in case he is filing a defamation case,  you can produce this letter as an evidence 

T Kalaiselvan
Advocate, Vellore
87694 Answers
2354 Consultations

Office bearers of society and sub registrar can file case of defamation against you for having maligned their reputation 

 

ask office bearers of society and sub registrar to give in writing that they will not take any legal proceedings against you if you with draw the complaint 

Ajay Sethi
Advocate, Mumbai
97492 Answers
7881 Consultations

Your withdrawal of complaint would invite several complications. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

If you want to withdraw a corruption complaint that you have filed with the Registrar’s office, you may have to follow these steps:

  • File an application: You have to file an application before the Registrar or the authority who is conducting the inquiry, requesting the withdrawal of your complaint. You have to mention the details of your complaint, the reasons for your withdrawal, and the consent of the other party involved in the complaint. You may also have to attach a copy of your complaint and any other relevant documents.
  • Pay the fee: You may have to pay a fee for withdrawing your complaint, depending on the rules and regulations of the Registrar’s office or the authority concerned.
  • Obtain approval: The Registrar or the authority who is conducting the inquiry will examine your application and decide whether to approve or reject your withdrawal request. They may also hear both parties and consider their arguments before passing an order. If they approve your withdrawal request, they will issue an order to close your complaint and stop the inquiry. If they reject your withdrawal request, they will continue with the inquiry and take appropriate action.

However, before you decide to withdraw your corruption complaint, you should also consider some factors, such as:

  • The consequences of withdrawing your complaint: If you withdraw your complaint, you may lose your chance to expose and punish the corrupt official who took a bribe from your committee members. You may also lose your credibility and reputation as a whistleblower and a citizen. You may also face some legal action or penalty for filing a false or frivolous complaint, if the other party alleges so.
  • The assurance from the other party: If you withdraw your complaint, you should get a written assurance from the other party that they will not take any action or revenge against you for filing the complaint. You should also get a confirmation that they will return the bribe amount to your committee members or donate it to a charitable cause. You should also get an apology or a clarification from them, if applicable.
  • The legal advice from a lawyer: If you want to withdraw your complaint, you should consult a lawyer who is well-versed in criminal laws and anti-corruption laws before taking any action. You should get a legal opinion on whether it is advisable or permissible to withdraw your complaint under the circumstances. You should also get a legal assistance in drafting and filing your withdrawal application and dealing with any legal issues that may arise.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

Withdrawal will not have any issues but if any action has been taken against that officer then he may file defamation. Secondly you may be asked a reason for withdrawal which you may have to give

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

There is no letter from office bearers nor the bribe taker to withdraw complaint 

 

the advice given by lawyer does not safeguard you 

Ajay Sethi
Advocate, Mumbai
97492 Answers
7881 Consultations

How can you take back a complaint on the basis of a suggestion made by the person who is accused of corruption!! He along with you both would be implicated. Just withdraw the complaint without giving any reasons.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes you can put the sand but also have a mou with that person stating he will not proceed with any civil or criminal prosecution against you as he has himself requested to withdraw the complaint on humatarian grounds 

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

Dear Client

Consult a Local Lawyer: You've already contacted a local lawyer, which is a good step. Continue working closely with your lawyer throughout this process, as they will be able to provide you with the most relevant advice and guidance based on the specific laws and regulations in Hyderabad, Telangana.

Withdrawal Statement: The statement you mentioned, "As requested by Mr. Xyza and Office bearers of the society, I am withdrawing my complaint," could be seen as a formal withdrawal of your complaint. However, it is essential to consult your lawyer to ensure that the wording is legally sound and will protect your interests.

Consultation with the Accused: It's crucial to consult with your lawyer on the terms of withdrawal with Mr. Xyza. You may want to consider requesting a written agreement or an affidavit from Mr. Xyza stating that he will not pursue any legal action against you for defamation or any other claims after the withdrawal of the complaint. This can help protect your interests.

Document Everything: Keep records of all communications, including emails, letters, or any agreements related to the withdrawal. These records can be important if any issues arise in the future.

Risks of Withdrawing: When you withdraw your complaint, there is a potential risk that Mr. Xyza or others involved may pursue legal action against you, such as defamation or false accusations. To mitigate these risks, consult with your lawyer to ensure that the withdrawal process is legally sound.

Follow Legal Advice: Ultimately, you should follow the legal advice provided by your lawyer. They will guide you on the best course of action to minimize risks and protect your interests.

 

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

Firstly the suggested withdrawal of your complaint will put you into trouble in future if the accused/respondent is contemplating a defamation case against you.

As per your local advocate you may obtain a request in writing from the office bearer of the society and secure it properly after which you can withdraw the complaint stating that since the office bearer had realised his mistake and apologised with a request to withdraw the complaint, you are withdrawing the same.  

This will protect your future interest

T Kalaiselvan
Advocate, Vellore
87694 Answers
2354 Consultations

Yes, there may be implication.

Siddharth Srivastava
Advocate, Delhi
1453 Answers

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