Defending a protest petition in a criminal case.

Satyamev (Querist) 15 April 2016 This query is : Resolved
My wife of 15 days filed a complaint against me that I hacked her Social Networking Account and published obscene content about her. She has also filed 7 more cases against me that I am defending on merits.

FIR was lodged against me U/s 66 C and 66 D of IT Act and after one year of investigation Police submitted Final Report. Police submitted Final Report in the Court saying that no evidence was found and the same case was also investigated by Cyber Cell. In dowry and other cases same Police blindly filed chargesheet without any evidence but in this I believe they were helpless as it required pure technical evidence and the matter was routed to different agency which did not find any evidence.

I did my own study and I am aware protest petition can be filed and re-investigation can happen or it can be converted into complaint case but these are the things that i am not clear about which i am asking respectable experts here.

Question :

1. How should I stop her attempt to succeed in Re-Investigation , in short does accused has a right to defend her protest petition and challenge it ?

2. How should I stop her from converting her FIR into complaint case and making me face the trial. By no means she can prove my crime in the trial but just to harress me she can make me face the trial.

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Adv. Yogen Kakade (Expert) 15 April 2016
You can ask for re-investigation by mentioning the loop holes in the investigation and the omissions in it.
And once the FIR is filed you have to follow the procedure to defend yourself as per the case proceeds.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
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