investigation under Section 156 (3) of the Cr.P.C., is
accepted and protest petition thereto is rejected, the
Magistrate can still take cognizance upon ... P.C., and dismissed not at the stage of Section 203 ,
Cr.P.C., a second complaint or a second protest petition
would be maintainable
being Jamtara Nagar P.S. Case No.
101/2020, Jamtara Nagar P.S. Case No. 103/2020 and Nala
(Jamtara) P.S. Case ... Jamtara Nagar P.S. Case No. 101/2020, Jamtara Nagar P.S.
Case No. 103/2020, Nala (Jamtara) P.S. Case No. 71/2020
learned Additional Sessions Judge/Special Judge, P.C. Act (U.P.S.I.B.), Gorakhpur has heard and allowed the revision in part by setting ... State of UP8 ;
16. The Magistrate after considering the protest petition finds that protest petition is devoid of necessary requirements which may call for questioning
order tagging the application under Section 340 Cr.P.C. with his protest application, to which the applicant replied that no such order has been ... order that the application under Section 340 Cr.P.C. has not been tagged with the protest application filed by the applicant and that
judis
Crl.R.C.(MD)No.751 of 2024
protest petition in Crl.M.P.No.5785 of 2022 and the learned Magistrate,
after enquiry ... taking cognizance under Section 190(1)(a) Cr.P.C., that if the protest
petition has been filed without containing all the necessary particulars
filed a criminal complaint under Section 200 Cr.P.C. as a
protest petition against the police report before the learned ... police report, entered into an enquiry under section 202
Cr.P.C on the protest petition filed by the Opposite Party No.2. Basing
purpose of
proceeding under Section 200 of the
Cr.P.C.”
....
45. If a protest petition fulfills the
requirements of a complaint, the Magistrate ... list of witnesses as such in the protest
petition. The prayer in the protest petition is to set
aside the final report and to allow
P.C. The Magistrate could not take cognizance under section 190 (1) (b) Cr.P.C. on the basis of protest petition and affidavits filed ... protest petition, which is possible only when the protest petition was ordered to be treated as a complaint. The record shows that neither protest petition
sections of I.P.C. and POCSO Act.
6. Learned counsel for the O.P. No.2 submits that protest petition
was filed and once ... P.C. The cognizance is taken under the POCSO Act arising
out of said Mahila P.S. Case No. 43 of 2018. Once the protest
Sushma Aind, A.P.P.
(in Cr.M.P. 1646/2019)
Mr. Nawin Kumar Singh, A.P.P.
(in Cr.M.P. No. 1634/2019 ... Mukesh Kr. Sinha, learned counsel for the O.P. No.2
3. Cr.M.P. No. 1646 of 2019 has been filed for quashing
