In our Criminal Law, Protest Petition is filed challenging a closure report filed by the police. It is also termed as Cancellation Report.
It is entirely upto the court concerned whether to accept the report, issue a charge notice or order further investigation like in this case.
Magistrate can order further investigation under section 156(3) of CrPC after receiving a protest petition.
Cancellation Report in most simple words means- no case at all is made out as no prima facie offence has been made out against the alleged after investigation.
Magistrate may also treat it as private complaint under Section 200 and 202 of CrPC and take cognizance of matter under section 190 of the code.
Protest Petition has to be filed at the same time when the cancellation report is being filed. Thus the FIR may or may not end in Cancellation report.
In this case, Court found many anomalies in the investigation which transpired the court to conduct probe by a senior officer like SSP, Chandigarh.
Since the IO concerned has failed to examine the Digital Evidence in the present case, further investigation was duly ordered.
Excerpt from the story-
“Since the Investigating officer has neither considered the audio/video recording on the Instagram live nor the CFSL report. However, before parting with this order, I am constrained to facts and circumstances, it prima facie transpires that his conduct is not above board and the senior superintendent of police, Chandigarh, is requested to look into the matter and take suitable action,” the court
observed. The order said: “In view of the allegations raised by the complainant in-person, the matter needs to be intensively investigated. Accordingly, the cancellation report is not accepted by the court.”
“The SSP, Chandigarh is requested to depute any senior woman police officer to further investigate the allegations of the complainant and submit the compliance report on or before March 1,” the order mentioned.
From the generative AI-
A protest petition is a legal way for a complainant to challenge a cancellation report or court decision.It’s a document filed by a complainant when they are dissatisfied with a police report submitted to the court. A protest petition is treated as a complaint under Section 190 of the Code of Criminal Procedure (CrPC).
A complainant can use a protest petition to:
- Present arguments, evidence, and concerns to the court
- Seek a different course of action
- Challenge a closure report filed by the police
A complainant has no right to prosecute the petitioner based on a protest petition, especially if they have entered into a compromise.However, the complainant can file a separate complaint
Some News Stories that you will find online-
3 HC: Bulky pleas with jumbled up allegations won’t make case strong
4 Wrestlers Protest: Delhi Police File Chargesheet, Plea to Quash POCSO Charges
5 To decide on FIR cancellation, notice must to complainant only: Punjab and Haryana HC
For more info, dial 99888-17966.
Latest Legal News, Stories & Updates by LegalSeva 