Yukta Garg 01 June 2018
Dear sir/ mam, thankyou for putting forth your query. I hope by reading this , it will be clear to you.
‘Protest Petition’ is not defined anywhere under the Indian Penal Code(IPC). Further, when the aggrieved person or complainant is not satisfied with the police report which is filed before the Concerned Court; the Complainant may move the petition against the negative police report which is called the Protest Petition and this is treated as a ‘Complaint’ under Section 190 of Criminal Procedure Code. This section describes the conditions requisite for the initiation of proceedings.
Section 190 in The Code Of Criminal Procedure, 1973 reads as-:
Cognizance of offences by Magistrates-
(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence-
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub- section (1) of such offences as are within his competence to inquire into or try.
It has been settled by the courts that when a Complaint is filed and sent to Police under Section 156(3) of the Code for the purpose of investigation and then the Protest Petition is filed, the Magistrate after accepting the final report of the Police under Section 173 of the Code and discharging the accused persons, has the power to deal with the Protest Petition.
The true legal position is that the Magistrate is not bound to accept the final report submitted by the police officials. The Magistrate can disagree with that report and take cognizance even on the basis of police papers, if any submitted along with the police report.
Hence, where the Protest Petition is filed, the procedure prescribed for trial of the complaint case has to be followed.
Aman chawla (DELHI HIGH COURT ADVOCATE) 01 June 2018
when the aggrieved person or complainant is not satisfied with the police report which filed before the Concerned Court; the Complainant may move the petition against the negative police report which is called the Protest Petition and the same is treated as Complaint under Section 190 of Cr.P.C.
When the Final Report is submitted by the Police and the Protest Petition is filed, the Magistrate has three options available to him
· Firstly, he may accept the Final Report and may also reject the Protest Petition;
· Secondly, he may accept the Final Report but treat the Protest Petition as a complaint and proceed in accordance with Section 200 and 202 of the Code;
· Lastly, he may accept the Protest Petition and reject the Final Report and take cognizance under Section 190(1)(b) of the Code.