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Sarvesh   24 October 2017

Protest petition by accused u/s 420,406 and 34 false fir

Dear Member 

                Anyone guide me how to file protest petition against implicated FIR 



Learning

 6 Replies

manoj   24 October 2017

The protest petition is nowhere explained in the criminal Law in India but when aggrieved person is not satisfied with police report which submitted before the concerned Court, the aggrieved person may move the protest petition against the negative police report which is called as the protest petition and the said petition is treated as complaint U/s 190 Cr.P.C. However the Protest Petition has to satisfy the essential ingredients of the Complaint before Magistrate takes cognizance under Section 190(1)(a) of the Criminal Procedure Code under three categories that 1. He may accept the final report and may also reject the protest petition; 2. He may accept the final report but treat the protest petition as a complaint and proceed in accordance with Sec.200 and Sec.202 of the procedure code. 3. He may accept the Protest Petition and reject the final report and take cognizance U/S 190(1)(b) of the Procedure Code

 

manoj

advocate

8686159292

2 Like

Sarvesh   24 October 2017

Then any option for accused to stop arrest

rupamgupta   24 October 2017

Go for an application under section 438 crpc before the District & Sessions Court or the High Court to restrict arrest.

Additionally if there is no prima facie case made out. The accused person is entitled to approach the High Court under section 482 crpc in order to seek quashing of the entire proceeding.

It all depends upon the merit of the case which will come in light only after going through the facts and documents of the case.
1 Like

Siddharth Srivastava (Advocate)     24 October 2017

As such there is no PROTEST PETITION in law. You may apply for Anticipatory bail and You may also approach High court u/s.482 Cr.P.C. for quashing of FIR where you can seek stay of proceeding and your arrest.

1 Like

Jaspal singh (practicing lawyer)     25 October 2017

"PROTEST PETITION ", even though there is no codified law prescribed in indian law but it is in practice used by the lawyers from the complainant side most of times but if you are accused person than in my opinion go for anticipiatory bail first and when the chargesheet is filed by the concerned police officer than you can agrue on charge for Discharge on charge.

Regards

Jaspal S Maini(Adv)

9999987283

 

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     30 October 2017

If you are implicated in FIR you can move anticipatory bail application before Sessions Court or High Court and on completion of investigation and after filing chargesheet you can move high court for discharge. You will get good relief in sessions court or high court proceedings as they have more power than trial court.


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