Response

Once the trial begins, and the Magistrate establishes that this was not a false complaint and the victim is rightly unsatisfied with the investigation, the magistrate can inquire the case or order an investigation by an officer -in -charge to whom the complaint is forwarded. If you are unsatisfied with the final report submitted for chargesheet, you can file a Narazi petition which is a protest petition. Protest Petition is an opportunity granted to the petitioner to raise objections against the conclusions of the investigation made by the police under Section 173 of the Code of Criminal Procedure.

Narazi petition is usually filed when police presented the final report under Section 173 of the Code of Criminal Procedure, 1973 wherein the police concludes the allegation are not made out against all or any of the accused. Such petition will be considered as a Complaint under Section 190 of the Code of Criminal Procedure before the concerned court.

The magistrate may reject the protest petition or he may accept the final report but treat the Protest Petition as a Complaint and proceed in accordance with Section 200 and 202 of the Code of Criminal Procedure. The magistrate may also accept the Protest Petition and reject the final report and take cognizance under Section 190 (1) (b) of the Code of Criminal Procedure.

Reference:

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LAWAYZ-2023-390