What is Protest Petition?
Protest Petition is not defined in the Criminal Procedure Code but it is very important aspect of the Criminal Law Practice.
When an aggrieved person complains before the Magistrate under section 156(3) of the CrPc, the Magistrate after being satisfied with the complaint petition gives instruction to the police for investigation.
After investigation, police submit its report to the magistrate under section 173(2) of CrPc.
The aggrieved or the complainant in the event not satisfied with the police report, files a protest petition before the concerned Magistrate stating his/her dissatisfaction and pray for further investigation under
Court supervision. At the same time the aggrieved person may also pray for further proceedings under section 200 and 202 of CrPc.
If the protest petition is accepted then the Magistrate takes cognizance of the matter under section 190 of CrPc and issues notice to the accused person.
Magistrate may accept the final report of the Police and may reject the Protest Petition.
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