theft in the shop of the petitioner was wrong. The protest application could have been treated as complaint. The speculation of police that the information ... continue with the matter or to close the case."
The protest application of the petitioner was not only rejected but also, without examining
find any evidence against the applicants and submitted final report whereupon protest application has been filed by opposite party no. 2 which came ... submitted final report. The informant against the final report made a protest application which was treated as complaint. The Magistrate recorded statement of witnesses
District- Sultanpur whereby the learned Magistrate has dismissed the protest application filed by the applicant on the ground of maintainability because it was filed after ... aside.
Accordingly, the application is allowed.
The matter is remanded to the concerned Magistrate to pass suitable order on the application (protest petition) filed
respondent - Special Land Acquisition Officer and
filed the protest application and the reference
application was forwarded to the reference Court and
the same was registered ... dissatisfied with the market value
fixed by 2nd respondent, filed the protest application
and the protest application was registered as LAC
No.122/2008
evidence in the investigation. It is further submitted that a protest application was made by complainant before the Magistrate which was directed to be registered ... submitted before the Court of Magistrate. The complainant filed a protest application which was directed to be registered a complaint case. The Magistrate recorded
therefore, final report was submitted to the court. Thereafter the protest application was filed and the court below examined the victim and other witnesses ... evidence and submitted final report, it is again admitted fact that protest application was given and for persuasion of protest application the evidence
materials, the Investigating Officer submitted the final report against which the protest application was filed. Contention is that the Magistrate after considering the protest application ... witness and doctor illegally recalled the final report and allowed the protest application.
Learned A.G.A. in counter pointed out that while disposing
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petitioner desires to file a protest application in the "A" summary report.
3. Today, the learned advocate ... petitioner submits that the
petitioner would be entering a protest application in the "A" summary
report.
4. In view of the above, this
opportunity on the part of the
complainant to submit the protest application, they failed
to do so and thereafter after recording the deposition
order of the learned Chief Metropolitan Magistrate reveals that while dismissing the application of the complainant under Section 319 CrPC, the Chief Metropolitan Magistrate ... which the appellants were not implicated. However, the complainant never filed any protest petition at that stage.
32. Taking the aforesaid grounds as their arguments
