that the allegations made neither in the FIR nor in the
protest petition constitute offences under the aforesaid sections, the
present appeal by special leave ... criminal offence had been made out. The appellant filed a
protest petition before the learned Magistrate stating, inter alia,
that the accused persons had colluded
short).
2. The second respondent thereupon filed a protest
petition. The Chief Judicial Magistrate passed an order
concluding that the daughter of the second
respondent ... there is no
sufficient ground made out for action and the protest
petition was dismissed and final report accepted.
3. The second respondent thereupon lodged
hand, it is seen that immediately after filing of
5
the protest petition, the learned Magistrate has
proceeded to provide an opportunity to the
complainant ... that, once the police
submit 'B' Summary Report and protest petition is
filed to the same, irrespective of contents of the
protest petition
pursuance of both the FIRs was pending, the appellant
filed Protest Petition on 4.4.2005, but did not pursue the matter further.
The court ... said Protest
3
Petition and it remained merely a document in the file. The second
petition was the only Protest Petition which could be entertained
informant is proposed to be heard with or without a protest petition challenging the said Final Report.
2. However, the history of listing of these ... will be unfair to hear only the person filing the protest petition but not the accused.
4. In Ranjeet Singh's matter the order
decision of this Court in Shivshankar
Singh20. In that case a Protest Petition was filed by the complainant even
before a final report was filed ... said protest petition and it remained merely
a document in the file. The second petition was the only
protest petition which could be entertained
Magistrate on receiving the final report and a naraji or protest petition against the final report, called for the case diary including the statements under ... cognisance on the protest petition treated as a petition of complaint. In this case, it appears that on the protest petition, a judicial inquiry
still take cognizance of an offence upon a complaint or a protest petition on the same or similar allegations of fact? Is the somewhat tangled ... false. It is however common ground that much earlier a protest petition has been filed by the informant complainant
respondent.
4. Assailing the said report, the petitioner filed a protest petition
requesting further investigation. Rejecting the said protest petition, the
Principal Sessions Judge dismissed ... further evidence. The counsel for the complainant wanted time to file protest
petition. Therefore, the matter was adjourned to 14.3.2001.
(h) On 14.3.2001, the protest
final report Rameshwar the father of the respondent no. 2 filed protest petition dated 17.5.2000. That protest petition was treated as complaint by the learned ... Magistrate issued notice to the first informant Rameshwar, who filed the protest petition dated 17.5.2000 in the court of learned Judicial Magistrate. Rameshwar
