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udgir (nil)     12 March 2011

procedure by magistrateafter fling finalreport us 156(3)crpc

respected sir   

                        police after investigation us156(3) of crpc, filed their final report  then what procedure may adopt by magistrate, before taking the protest petition? as to  acceptance of final  report ?  or rejection of  final report ?  plz tell me the detail procedure under this sec.



 13 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 March 2011

If B report is filed by the police then complainant will have to file an objections to that report and to lead his evidence.  If Charge Sheet is filed summons will be issued to the accused by the court.

1 Like

Arvind Singh Chauhan (advocate)     12 March 2011

Court may reject the Final report or accept the same. It depents to what extent you can satisfy to court with your protest petition. If you can, court may reject the final report and may treat your protest petition as comlaint. Court may order for further investigation also.

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     12 March 2011

file an protest application before the court

show all greviences.

court can be treted as1- complaint case,

2-re investigation by police,

3-or direct sumon to accused!

1 Like

CHANDDAN TANDON (AS A CRIMINAL LAWYER)     12 March 2011

if police file the final report before court........then court has to option 

 

(1)- victim can file protest application court will treat that application as complaint case, and record the statment of complinant u/s 200crpc and 202 crpc of supporting witness.

(2)- second  -is court can pass the order of further investigation to concern police 

1 Like

CHANDDAN TANDON (AS A CRIMINAL LAWYER)     12 March 2011

after produce the final report by i.o. before court, victim can file the protest application then case will treat as a complaint after record the statment of witness if the prima facie offence is made out against the accused, then summon will issued to accused for face the case ........... 

1 Like

prashant pundhir (Criminal Lawyer)     13 March 2011

In case of final report  ,petioner can again file a protest petition and on which-

1. Megistrate can send it for re-investigation .

2. He can refuse the final report and may summon the accused person if there if sufficient ground on case diary or will treat it as a complaint case . (Suneel kumar agrawal v/s state of u.p., criminal appeal no.3142,year 2010 ,High court of Allahabad ) .

1 Like

Advocate Sachdev Bishnoi (self)     13 March 2011

all the answers by the experts are satisfactory.

1 Like

lissing perme (unemployed)     13 March 2011

 

prashant pundhir ji!!

Sir could you pliz attached the judgment copy of (Suneel kumar agrawal v/s state of u.p., criminal appeal no.3142,year 2010 ,High court of Allahabad ) .

Thank's

1 Like

(Guest)

Dear

all of professionals furnished you compleate info.  But except this you may also file Revision against Court order if Rejected/dissmiss your protest petition.

2 Like

lissing perme (unemployed)     14 March 2011

Can any member tell me which section of Cr.P.C deal with Protest Petition.??

Shailendra prasad singh (Lawyer)     14 March 2011

The magistrate is not bound to accept police report, if u  file a protest petition against investigation of the police, after submission of charge sheet  and upon protest  the magistrate may do one of 3 things 1. he may decide that there is no sufficient ground of proceeding further and drop action against accused 2. he may take cognizance against all accused on the basis of police report : this he may without being bound in any manner by the conclusion arrived at by the police in their report 3. he may take cognizance of the offence u/s 190 (1) (a) on the basis of the original complaint or protest petition and proceed the examine upon oath the complainant and his witnesses as u/s 200.

See the citation- AIR SC 1991 ( 1260 ) also see AIR 1980 SC ( 1883 ), SCC 1993 (1) page no. 561

also carefully read this judgement of SC,

link of judgement :https://www.indiankanoon.org/doc/1830441/ 

3 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     17 March 2011

perfect advise by mr.Shailendra Prasad lawyer.

Shailendra prasad singh (Lawyer)     17 March 2011

Dhanyawad sarvesh bhai


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