before the learned court and he has also not filed any protest
petition. He submits that it appears that during pendency of the earlier
complaint ... having
option either to appear before the learned court or file protest petition or
not to appear; he has chosen the later action as inspite
Argora P.S. Case No.52 of 2015, the
protest petition was filed by the complainant on 03.05.2018 and
thereafter the learned Court has been ... husband of
the complainant was arrested on 27.10.2015 wherein the protest
petition has been lodged on 28.10.2015 the petitioner has gone to
enquire about
been sent up for trial. He further submits that thereafter
protest petition was filed by the father of the informant and
pursuant to that ... further
submits that once the protest petition is filed it is required to be
treated as complaint and the cognizance based on that protest
petition
case is civil in nature. He further submits
that on the protest petition filed by the O.P.No.2, the learned court has taken ... that there is no mens rea of cheating
and on the protest petition, the learned court has taken cognizance which is not
in accordance with
Chief Judicial Magistrate shows that there
is consideration of the protest petition. Neither the Chief Judicial
Magistrate nor the Additional Sessions Judge have failed ... under
Section 190(1)(a) CrPC upon the original complaint or protest petition
treating the same as complaint and proceed to act under Sections
proceed against
the informant. She further submits that on the protest petition, the
learned court has been pleased to take cognizance. According to her,
even ... State
submits that the final form was submitted, however, on the protest
petition, the learned court has been pleased to take cognizance against
the petitioner
that, however, in the order taking
cognizance it is recorded that protest petition has been filed. He submits
that once the protest petition is filed ... order taking cognizance it is disclosed that on
protest petition the learned court has taken cognizance. For the dispute in
question one Title Suit
Protest Cum Complaint Case
No.1246 of 2015, pending in the court of learned Judicial Magistrate,
Palamau.
3. The protest petition was filed alleging therein ... submits that after acceptance of the final form, the
present protest petition was filed on 12.08.2015 and on the said
protest petition, the learned court
coordinate Bench that the complainant has not appeared to press the
protest petition and the learned Court has referred the matter to the Lok
Adalat ... report was
submitted exonerating the accused. Thereafter, the petitioner filed
a protest petition. As the petitioner could not appear to press the
protest petition, surprisingly
Final Form was there.
She further submits that on the protest petition, the learned court has
been pleased to take cognizance against the petitioner ... submitted
which was accepted by the learned court and thereafter the protest
petition was filed and the learned court has been pleased to take
