Private complaint
Arvind Singh Chauhan
(Querist) 22 February 2013
This query is : Resolved
Sir in private complaint after statement under 200 & 200 cognizance is taken by court and process is issued.
Whether accused can protest before cognizance that allegation is false ?
If accused appear in court after receiving summon he has to seek bail.
whether without seeking bail he can file protest petition if yes How? If he appear in court and file protest but not seek bail he may be put in jail.
Please suggest the proper way with relevant provision or case law.
Nadeem Qureshi
(Expert) 23 February 2013
Dear Arvind
bail is depend on the offence,
245. When accused shall be discharged.
(1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for reasons to be recorded Magistrate, he considers the charge to be groundless.
STATE AMENDMENT
WEST BENGAL:
In section 245, after sub-section (2), the following sub-section shall be inserted, namely:-
"(3) lf the eviderice referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the aecused, the Magistrate shall discharge the accussed unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall be in the interest of justice to discharge the aceused."
Raj Kumar Makkad
(Expert) 23 February 2013
The protest petition as desired cannot be moved by accused without first seeking bail.
