report may be accepted, However, wife of the deceased filed a protest application on 18.07.2022 alleging that final report had been submitted in collusion with ... order dated 10.08.2022 accepting the final report and dismissed the protest application filed by the wife of the deceased.
v. The wife of the deceased
that no
offence was proved. The first Respondent also filed a Protest Application
on 27.05.2014 in case Crime No.105/2013 which was accepted ... final Report on 10.01.2015 stating that
no offence was proved. Another Protest Application was filed and once
more re-investigation was done on 17.11.2016, subsequent
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
submitted on 05.07.2017. On such final report, the complainant filed the protest application on 06.06.2018 and the same was treated as a complaint case ... drawn attention of this Court towards the protest application, which reveals that the allegation is regarding the fact that the accused persons attacked over
Afroz, Sarfuddin, Munna, Tille, Naseem Bano and Subi and thereafter a protest application dated 22.12.2022 was filed and on coming to know about the protest ... house of the complainant and created pressure for withdrawing the protest application and on denial they assaulted the complainant Shabana with fists and kicks, tore
informant is
required to be given an opportunity to
submit the protest application and
thereafter, after giving an opportunity
to the informant, the Magistrate
order is extracted hereunder:
"Looking to the contents of this protest
application, it shows that it is not by the
complainant himself ... protest petition it is not in the form of complaint,
when that is so, the question of learned Magistrate
looking into the protest application
informant is required to be given an
opportunity to submit the protest application and thereafter,
27
after giving an opportunity to the informant, the Magistrate
Satya Brata Chakrabarti @ S. B. ... vs The State Of West Bengal & Ors on 4
Ram Suresh Kahar vs The State Of West Bengal on 20 July, 2023
IN THE