Protest petition - a practice, not statutory rule

 There is no provision in the Code to file a protest petition by the

informant who lodged the first information report. But this has been the

practice. Absence of a provision in the Code relating to filing of a protest

petition has been considered. This Court in Bhagwant Singh v.

Commissioner of Police and Another (AIR 1985 SC 1285), stressed on the

desirability of intimation being given to the informant when a report made

under Section 173 (2) is under consideration. The Court held as follows:

                   "....There can, therefore, be no doubt that when, on
             a consideration of the report made by the officer in
             charge of a police station under Sub-Section (2)(i) of
             Section 173, the Magistrate is not inclined to take
             cognizance of the offence and issue process, the
             informant must be given an opportunity of being heard
             so that he can make his submission to persuade the
             Magistrate to take cognizance of the offence and issue
             process. We are accordingly of the view that in a case
             where the Magistrate to whom a report is forwarded
             under Sub-section (2)(i) of Section 173 decides not to
             take cognizance of the offence and to drop the
             proceeding or takes the view that there is no sufficient
             ground for proceeding against some of the persons
             mentioned in the First Information Report, the
             Magistrate must give notice to the informant and provide
             him an opportunity to be heard at the time of
             consideration of the report..."

  Therefore, there is no shadow of doubt that the informant is entitled

to a notice and an opportunity to be heard at the time of consideration of the

report. This Court further held that the position is different so far as an

                                   
injured person or a relative of the deceased, who is not an informant, is

concerned. They are not entitled to any notice. This Court felt that the

question relating to issue of notice and grant of opportunity as afore-

described was of general importance and directed that copies of the

judgment be sent to the High Courts in all the States so that the High Courts

in their turn may circulate the same among the Magistrates within their

respective jurisdictions. see, chitranjan mirdha v. Dulal ghosh Crl. Appeal no 964 2008 decided by supreme court on 08/05/2009