Protest Petition is no where defined in law, but as a matter of right under as an aggrieved person you can argue against the order of the court or can also go for quashing of the Closer report.
After protest petition magistrate have 4 options:
- If thinks that there is reasonable ground then issue process proceedings u/s 204 Cr.pc.
- Can reject the report & can order fresh investigation/ further investigation u/s 173(8) Cr.pc.
- Can directly issue process on basis of investigation where by closure report has been submitted.
- Accept the Closer Report.
Recently at Ludhiana in a case before Ludhiana District& Session judge Shri Gurbir Singh’s Court SK Dey filed a 2nd protest petition who is one of the Prosecution Witnesses.
In Petition, SK Dey says, “offence committed is very serious & cause very deep rooted loss to the Government”.
Let’s see the facts of the case:
In March 2017 case was registered by VB (Vigilance Bureau) & closure report was filed in 2017 at Ludhiana Court.
In this case Chief Minister Capt. Amarinder Singh & his son Raninder Singh & former local bodies minister late Jagjit Singh are accused in this case under allegation of causing monetary losses to the state by awarding the construction contract to Delhi based Construction Company of the Mega Project.
Dey was examined already by prosecution and made a witness & he also stated that investigating agency is under direct control of executive which amounts to conflict of interest. So, he prayed to reject the closer report.
The designs & drawings of the project submitted by petitioner which was adopted by Ludhiana Improvement Trust (LIT) for the City Centre Project.
Other 4 applications challenging closure report was also filed 2 by VB investigators which were dismissed. One by lok Insaaf Party CLIR MLA Simarjit Singh and Architect SK Dey. Later other two were also dismissed.
Both copes appealed that before accepting closer report they must be heard by Court.
Law Point: 2nd Protest Petition is allowed in exceptional Circumstances on same facts as cleared by Supreme Court in case of Shivshanker Singh v. State of Bihar & ors. (22 Nov, 2011)
Let’s see Session Court accept or reject the present Petition
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