said offence.
6. Aggrieved by the same, the complainant filed a protest application
before the learned Magistrate on 10.10.2014 vide ... sworn
statement recorded by the Magistrate on the protest application. Leave about
L.W.1 Jai Prakash sworn statement, in tune to his report
under Section 156(3) of Cr.P.C. barely on the protest
application filed on behalf of the defendants in the suit.
2] The applicant ... dealing with the civil proceedings and not criminal complaint.
The protest application filed by the defendant to traverse the claim of
plaintiffs/other side
witnesses recorded by the
learned Magistrate on the protest application speaks that accused
trespassed and caused damage to the standing crop and threatened the
complainant ... from the order of the learned Magistrate taken cognizance on the
protest application including the protest application as to the police final
report of dispute
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
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submitted charge sheet against the applicants. Opposite party no.2 moved protest application. Summoning order has been passed on protest application of the informant/opposite ... party No.2. He further submitted that while submitting protest application, applicants moved affidavit of witness Ibrahim and Azra Parveen along with protest application
civil
in nature. Thereafter, the de facto complainant has filed protest
application. The learned Magistrate without deciding the protest
application, took cognizance of the final ... matter is remanded back to the
lower Court to restore the protest application to
file and if at all by the time the protest application
against the appellant. On May 7, 1966, the appellant filed
a protest application requesting the Chief Presidency
Magistrate to take the matter ... argued that there was no reference of the receipt in
the protest application, dated May 7, 1966, that likewise,
there was no reference therein
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
impugned I find that the learned Magistrate has considered the record, protest application, affidavit as well as case diary and some other documents also, which ... report, the Magistrate takes cognizance of offence on the basis of protest application, keeping in view the material therein, he has to proceed with
submitted the Final Report and after delay of 20 months, the protest application of the appellant has been accepted.
5. Further submission is that ... added that no proper reasons have been recorded while accepting the protest application and the same is based on conjecture and surmises.
6. Adding
