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How to legally withdraw a criminal case

Published : Monday, 14 April, 2025 at 12:00 AM  Count : 524
Gazi Sirazul Islam
In Bangladesh, the legal system provides options for the withdrawal of a criminal case, but this process is governed by strict rules and procedures to ensure fairness and justice. Understanding the legal framework for withdrawing a case is crucial, as it involves careful evaluation by the courts and the agreement of the parties involved. Whether the case is cognizable or non-cognizable, the withdrawal of a criminal case needs to follow certain legal procedures so that it is effected legally and without prejudicing the interests of justice.

Criminal cases in Bangladesh are mostly governed by the Code of Criminal Procedure (CrPC) 1898, along with other laws such as the Penal Code. These laws establish the stages in criminal cases and also enumerate the reasons under which a case can be withdrawn. The procedure for withdrawal varies in accordance with the type of offense and the stage at which the case is pending.

The criminal offenses are generally either cognizable or non-cognizable. Cognizable offenses, such as murder, rape, or theft, are serious crimes where the police are empowered to arrest the accused individual without the need for a warrant. Non-cognizable offenses are not so serious in nature, such as defamation or minor assaults, and require prior approval of the court for the police to take action. The process to withdraw a non-cognizable offense is easier compared to cognizable offenses since cognizable offenses involve higher stakes, for instance, public safety and social order.

When a party, and most especially the complainant or victim, wishes to withdraw a criminal case, the first approach is usually to file a formal application with the court. The application should set out the reasons for withdrawal and may be supported by documents as necessary. If both sides-the complainant and accused-are in agreement, then this will even facilitate the process. However, the decision to withdraw must be voluntary and free of any threat or undue influence.

Once the application for withdrawal is lodged, the court will carefully deliberate on the request to ensure that it is made in good faith and in the interests of justice. The court will investigate the circumstances of the request for withdrawal if the offence is a serious one to prevent any miscarriage of justice. It is particularly important to ensure that one is satisfied that the complainant is not under duress or external influences, especially in domestic violence or where there is an imbalance of power between the parties.

The prosecution is also very much involved in this exercise. In criminal prosecutions where the prosecutor is the state, such as in serious offences, the prosecution must also consent to the withdrawal of the case. Even if the complainant wishes to withdraw the case, the prosecution may continue with the case if it believes that it is in the public interest to do so. This is particularly true in cognizable offences, where the offence is not just against the victim but against society as a whole.

Where the prosecution has taken up the case in the name of the state, the withdrawal may not always be possible, as the public interest in prosecuting the offense must be considered. For example, if the case concerns public safety, such as a terrorist act or a violent crime, the state may seek justice regardless of the complainant's withdrawal. The court will then determine whether the case needs to continue, regardless of the application for withdrawal, based on the broader effect on public interest.

For non-cognizable offenses, the withdrawal is generally easier. If the case is in the investigative stage, the complainant can approach the police, who will submit a report to the court. If the case is further along in the judicial process, a formal application must be filed with the court, detailing the reasons for withdrawal and articulating any relevant information about the case. The court occasionally conducts a hearing to ensure that the withdrawal is within legal parameters.

Other than formal applications, there are also instances wherein the case may be withdrawn through mediation or settlement. Mediation can be a good way of settling disputes, particularly in cases that involve family matters or minor offenses. If there is an agreement between parties via mediation, the settlement may be presented to the court for approval. If the court believes that the agreement protects the rights of both parties and is in accordance with principles of law, it may sanction the withdrawal of the case.

However, it must be noted that while mediation is an extremely useful method of dispute resolution, it may not be suitable for all types of criminal cases. In serious offenses, for example, offenses of violence or public safety, the court may still proceed with the hearing despite the application for withdrawal. The judge must ensure that the broader interests of justice and public protection are not compromised by the withdrawal.

The court also considers a number of factors when it has to rule whether to grant a request for withdrawal. Among the most significant is the public interest. In serious criminal cases, where the offense is against society, the court may find that justice requires the case to go on even if the complainant wishes to withdraw. This is particularly so for crimes against public safety, protecting vulnerable members of society, or offenses with broad societal implications.

The other challenge in the withdrawal process is determining that the decision is made free from any external pressure. In some instances, the victim may be threatened or pressured to withdraw their complaint, leading to an unjustified result. The court must thoroughly scrutinize the surrounding circumstances of the request to be content that the withdrawal is purely voluntary and not a result of coercion or threat.

Legal guidance is relevant in informing both the complainant and accused on how to withdraw a case. Attorneys can provide useful advice on the legal ramifications of withdrawing a case and inform both parties of their rights. For the complainant, understanding the potential impact of withdrawing a case is crucial since it will affect any subsequent legal action or prosecution in seeking justice. For the accused, it is relevant to understand the implications of a withdrawal, if any, on the legal outcome of the case or the prospect of acquittal.

Overall, the withdrawal of a criminal case in Bangladesh is a complex legal matter requiring careful consideration of the facts, the law, and the interests of both parties. While the system does allow for room for withdrawal, especially where non-cognizable offences are concerned, caution is to be exercised in making the decision with full awareness of what is involved. Courts, the prosecution, and legal practitioners all have a significant role to play in the process of ensuring that any withdrawal is implemented in such a manner as to pay respect to justice and protect the public interest. It is important guidance and legal counsel that will navigate through this process and ensure the rights of both victims and defendants are upheld.

The writer is an advocate



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