RAHUL KHATRI (SELF) 02 September 2012

Procedure for closure of an fir after police closure report

Hi,

an FIR was registered under 420/406 and other sections of IPC after the complainant filed an 156(3) complaint.

Police after Investihation has filed a Closure report stating thta the complaint is based on wrong facts and is not true based on evidence discovere during investigation.The accussed were never summoned by the Magistrate but now the Investigation officer is asking the accused to make sure that their lawyer is present when the other party will file a protest petition so that they can argure.

I have a few questions for experts:

1. Can or should the accussed make sure that their counsel is present when the protest petition is filed in front of MM to argue the case.

2. What will the MM do after receiving the Closyure Report from the Police.

Regards

Rahul

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 September 2012

The accused has no say at the time of hearing of the protest petition. However if the magistrate accepts the protest petition and proceeds to take cognizance against the accused. The accused can prefer a revision against that order.

Biswajit Kumar Patra (Advocate) 03 September 2012

Dear Rahul,

Generally when a protest petition is filed it is treated as a complaint case like defamation, 138 NI Act etc. Therefore unless untill the summon is not issued to the accused by the Magistrate the accused does not have locus standi to defend his case. it is a case wherein the protest petitioner has to satisfy the court as to the commission of the crime.