Report. Respondent no.3 had
filed a protest application to the final report. The same is pending
consideration before the court below. By virtue ... final order being passed by the court
below on the protest application filed by the third respondent, which
is pending consideration before the court below
July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- APPLICATION U/S 482 No. - 9451 of 2022
Applicant :- Dilip Singh ... final report. Learned counsel for the applicant is not sure that protest application against final report is pending or not.
4. On the facts
Ganganagar, for trial in accordance with law. Arjun Singh informant presented an application before the Sessions Judge, Sri Ganganagar, on 20th October, 1976 that Arjun ... they appeared to have committed. In his application Arjun Singh stated that he had filed a protest-petition also before the Munsiff-cum Judicial Magistrate
applicant, learned AGA and perused the material available on record.
3. This application for anticipatory bail has been filed by applicant-Dr. Ashish Mittal ... affidavit filed in support of the anticipatory bail application. It is also submitted that an Application
police either on the police papers of if protest petition is filed, on that protest petition and if the Magistrate feels necessary, he can also ... case may be. In such cases, if any application is made through protest petition that since the police has wrongly left some accused persons, therefore
cases where protest petition has been filed before the submission of the final form, the Magistrate may treat the protest petition as a complaint ... cognizance, the Magistrate, ignoring the protest petition, could straightaway take cognizance and issue processes.
10. In the result, this application fails and is dismissed
below ultimately allowed the protest petition and summoned the applicants in aforementioned case crime number. Applicants filed a discharge application (paper no. 19 b). Resultantly
cognizance on protest petition filed by the complainant way
back in the year 1997. Counsel also proceeds that since
the anticipatory bail application ... protest petition, had infact moved this Court, after
absconding for a period of six years in the year 2005 by
filing their anticipatory bail application
Equivalent citations: 77IND. CAS.734, AIR 1924 PATNA 283
JUDGMENT
1. This application raises a somewhat important point, namely, whether an order of acquittal passed ... case. The Magistrate thereupon recorded the following order.
A petition of protest is filed. I have heard the parties Accused acquitted under Section 494, Criminal
learned trial Court on 05.06.2002, aggrieved by the dismissal of the application filed by the petitioners under Section ... police submitted a negative Final Report. However, the complainant submitted a protest petition and he and his three witnesses were examined under Sections
