that the allegations made neither in the FIR nor in the
protest petition constitute offences under the aforesaid sections, the
present appeal by special leave ... protest petition the Chief Judicial
Magistrate, on 5.6.2010, perused the final report submitted by the
Investigating Officer, the entire case diary, the protest petition
cognizance on a protest/complaint
petition.
39. In Kishore Kumar Gyanchandani (supra), after the final
report was accepted on a protest petition which was treated ... Magistrate did not
treat the protest petition as a complaint,
the protest petition not satisfying all the
conditions of the complaint to his mind
Summary Report and protest petition is
filed to the same, irrespective of contents of the
protest petition, the court has to examine the
contents ... basis of the
contents of the Protest Petition, and after relying
upon the contents of the Protest Petition and the
sworn statement, the learned Magistrate
said Protest
3
Petition and it remained merely a document in the file. The second
petition was the only Protest Petition which could be entertained ... with on the basis of the first
Protest Petition itself by the Magistrate and second Protest Petition
could not have been entertained.
8. The facts
Officer, he would file protest petition before the Court of the Magistrate. On hearing the informant on the protest petition, the Court could pass ... permissibility of preferring protest petition is reported in the decision in Abhinandan Jha supra wherein the practice of filing protest petition against Final Report
police. While said Protest Petition
was pending consideration, the final report was filed, whereafter second
Protest Petition was filed. Challenge raised by the accused that ... said protest petition and it remained merely
a document in the file. The second petition was the only
protest petition which could be entertained
Magistrate on receiving the final report and a naraji or protest petition against the final report, called for the case diary including the statements under ... cognisance on the protest petition treated as a petition of complaint. In this case, it appears that on the protest petition, a judicial inquiry
entitled to take cognizance on the basis of the complaint petition or protest petition because that will result in two inconsistent orders passed ... entitled to take cognizance on the basis of the complaint petition or protest petition in respect of the same facts constituting the offence as mentioned
said report, the petitioner filed a protest petition
requesting further investigation. Rejecting the said protest petition, the
Principal Sessions Judge dismissed the complaint by accepting ... adjourned to 14.3.2001.
(h) On 14.3.2001, the protest petition was filed. Through the protest
petition, the petitioner wanted for an impartial further enquiry
father of the respondent no. 2 filed protest petition dated 17.5.2000. That protest petition was treated as complaint by the learned Magistrate ... averments made by Rameshwar in the protest petition and passed the order dated 12.2.2002 treating the protest petition as complaint and Rameshwar was directed
