that since cognizance has already been taken on 27.12.2018, the
belated protest application, dated 29.01.2019, is not maintainable. He would
http://www.judis ... present protest petition is not maintainable and no separate
order is necessary. Further, the reliefs prayed for in the
protest application
Magistrate Court
No.I, Poonamallee and filed an affidavit, purportedly a protest application.
However, the Magistrate ... hear him.
Admittedly, in this case, Annapoorani has filed a protest application with
1 1985 (2) SCC 537
6/10
http://www.judis
family members. On notice, Priya entered appearance and filed a
protest application before the learned Judicial Magistrate No.I, Kuzhithurai,
which was taken on file ... therefore, the defacto complainant
has the opportunity to file a protest application. When a protest application
is filed, the learned Magistrate has got the following
with some what similar situation where the defacto complainant filed a protest application when the police filed a closure report. In the said judgment ... Court created a right for the defacto complainant to file a protest application on which a further investigation can be ordered by the Magistrate
complainant, nor the said
Karthick V.R.Thondaiman, had filed any application protesting the earlier
recording of RCS as "mistake of fact" / closing ... mistake
of fact', instead of filing protest application, the present respondent-Manager
Ashok has preferred a private complaint and so, it is against
mistake of fact, Pandiraj has filed his protest application and has thereafter, filed the present application before this Court for transferring the investigation ... Evidence Act provides the panacea.
30 Though Pandiraj has filed a protest application challenging the closure report filed
with some what similar situation where the defacto complainant filed a protest application when the police filed a closure report. In the said judgment ... Court created a right for the defacto complainant to file a protest application on which a further investigation can be ordered by the Magistrate
challenged only in the manner known to law, by filing a
protest application before the Court concerned.
9. This Court gave its anxious consideration ... closed.
However, liberty is given to the petitioner to file a protest application
before the Judicial Magistrate, Villupuram within one month from the date
closed as mistake of fact. He has not filed any protest application, but
he has filed a private complaint and cognizance of offence has been ... that
the defacto complainant, by name, Ramachandran has not preferred any protest
application, but, however, he approached the Magistrate concerned, by filing
a private complaint
mistake of
fact, for which, the respondent herein has filed a protest application and on
that basis only, a case has been taken on file ... have not been
made out. The averment in the protest application itself shows that the
ingredients are absent. Hence, the learned counsel prayed for quashing
