Response

If you are not satisfied with the police report which has been filed before the district court, you may move the petition against the negative police report which is called the protest petition. Protest Petition is a representation made by the victim to the court during or after the completion of investigation by the police. You can file such petition under Section 190 of Criminal Procedure Code, 1973 before the concerned court.

The essential ingredients of the complaint must be satisfied in the Protest Petition before Magistrate takes cognizance under section 190(1) (a) of the Code of Criminal Procedure, 1973. There are three options available to the Magistrate, when the final report is submitted by the police and the Protest Petition is filed.

Firstly, Magistrate may accept the final report and may also reject the Protest Petition.

Secondly, 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.

Lastly, he may accept the Protest Petition and reject the final report and take cognizance under Section 190 (1) (b) of the code. The Magistrate is not bound to accept the final report submitted by the Police Officer.
The Magistrate can disagree with that report and can take the cognizance simply based upon the documents that are submitted or annexed with the police report.

Reference: Section 190 of thecode of criminal procedure,1973

202100136202100213122

LAWAYZ-2023-794