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Ziaul Haque Ansari (Advocate)     18 April 2019

Criminal Law, procedure

Upon the petition filed u/s 156(3) cr.p.c a case was started for offences punishable under section 420/467/468/471 ipc. Accused got ad interim bail. After completion of the investigation, investigating officer submitted its report u/s 173 cr. P. c. In the form of F.R.F. (Final report false) stating that that the complainant has filed a baseless and false case and further prayed for drawing up a proceedings u/s 182/211 ipc against the complainant. Complainant filed a protest petition seeking re-investigation/further investigation. NOW, MY QUERRY IS, what is the procedure to be followed now Whether the protest petition is to be heard first Or The complainant has to face and contest the proceedings u/s 182/211 and if he suceeds in the said proceedings, then only his protest petition can be taken up for hearing.


 1 Replies

Ziaul Haque Ansari (Advocate)     20 April 2019

Magistrate is yet to accept the final report. Two views have arose at this 1...whether the protest petition is to be heard and disposed first or No2....whether the prayer for prosecuting the defacto complainant is to taken up first. Please enlighten with law/procedure with section or any case law in this regards

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