झूठी एफ.आर.से कैसे बचे Protest Petition,How to File petition before Magistrate against Final Report

PROTEST PETITION

1 Point 1 what is Protest Petition: The term protest petition is not defined under criminal law. The Protest Petition is a crucial piece of judicial innovation .It is an opportunity for the victim to raise objections against the conclusions of the investigation made by the police;
When a complaint lodge an F.I.R. and the police complete the investigation and provides its Final Report under Section 173(2) of the Cr.P.C. in negative form,
The Magistrate before accepting the Final Report , issues notice to the complainant to provide an opportunity of hearing.
The complainant may accept the findings of the police or may file the protest petition complaining the manner in which the prosecution agency has conducted the investigation and not justified with the complainant.
This Petition is called the Protest Petition.
2 Point No.2 :- Where It can Be Filed :- It can be filed before the magistrate , having jurisdiction of Police station where the crime has committed, or where the police has filed the Final Report.
3. Point No.3 :- When Can be Filed :- As soon as the complainant received a notice from the court that the police has filed the Final Report in Negative /FR/Closer Report
4. Point No.4:- What a magistrate can do After Receiving the Protest Petition:-
Supreme Court of India
Vishnu Kumar Tiwari vs The State Of Uttar Pradesh on 9 July, 2019
Notes:-
(1) He may agree with the conclusion of the police and accept the final report and drop the proceeding.
(2) He may take cognizance under Section 190(1)(b) Cr.P.C. and issue process straightaway to the accused without being bound by the conclusion of the investigating agency where he is satisfied that upon the facts discovered by the police, there is sufficient ground to proceed.
IN THE SUPREME COURT OF INDIA
Decided On: 07.06.2012

Nupur Talwar Vs. Central Bureau of Investigation and Ors.
In this Case the CBI has filed the closer report of the case. The fatter of the diseased Ms Arushi , i.e. Dr Talwar has filed the protest Petiton for further investigation.
The court has not ordered for further investigation and issue warrants against the Petitioner Dr. Talwar.
Summoned Dr. Rajesh Talwar (father of Aarushi Talwar) and his wife Dr. Nupur Talwar (mother of Aarushi Talwar) for committing the murders of Aarushi Talwar and Hemraj, as also, for tampering with the evidence.
(3) He may order for further investigation if he is satisfied that the investigation was made in a perfunctory manner.
(4) He may without issuing process and dropping the proceedings under Section 190(1)(a) Cr.P.C. upon the original complaint or protest petition treating the same as complaint and proceed to act under Sections 200 and 202 Cr.P.C. and thereafter whether complaint should be dismissed or process should be issued.”

5 Point No.5:- How to Draft A protest Petition
1. Name of the Court
2. F.I.R. Number
3. Complainant Vs Accused
4. Sections in which F.I.R. has been registered
5. Name of the witnesses , who ought to be examined, but not examined by the Investigation Officer
6. If there is connivance of the Investigation officer, Please mention in the Protest Petition
7. If the Investigation Officer has not collected the material evidence , documentary evidence, the same many be mentioned
8. If the Investigation officer has not annexed medical report, or could not send the victim for medical examination please mention that in Protest Petition
9. If the Investigation Officer has not done investigation in a the light of the particular section please mention that.
10. If the Investigation Officer has not recorded statement under section 161 Cr. P.C. to the witnesses, material to the case, please mention name of those witnesses.
11. Relief:
• Kindly accept the protest petition
• Kindly take the cognizance under section mentioned in the F.I.R. and proceed for trial in accordance with law
• Kindly direct the reinvestigation to the IO for any particular point
• Kindly record the statement in accordance with law and proceed further against the accused.

NAMISH NIGOTIA
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