October 10, 2013

"Accused are threatening me to withdraw complaint", a lady said to Judge. Judge said,"You cannot withdraw this complaint even if you want...Tell them."

"Accused are threatening me to withdraw my complaint", a lady said to Judge. Judge said,"You cannot withdraw this complaint even if you want...Tell them."

A scene in District Court

Once a complaint is registered as FIR, the complainant has no power to withdraw it. Only High Court or Supreme Court can cancel it.

The lady had filed some complaint against some accused. The District Judge had granted them bail.

So lady came with an application. She said she complained to police many times, but no one in police station is doing anything.

She had come with an application to withdraw complaint.


The District Judge said, he had dealt with only bail application. He is no more in charge of case. Once FIR is registered, only High Court or Supreme Court can cancel it. Complainant cannot withdraw it.

If complainant is threatened she should make proper application of "Cancelling Bail of Accused" or other complaint under other provision of law. But she cannot withdraw an FIR


-Haresh Raichura

10/10/13