Abhi Sharma (n/a) 26 September 2016

Whether the order allowing protest petition is revisable?

My query is as to whether an order passed by the magistrate allowing the protest petition filed against the negative final report submitted by the police is a final order? That is to say whether the appropriate remedy against such order is to file a revision petition u/s 397 or a petition u/s 482 Cr.PC before the Hon'ble High Court. I would be highly obliged if someone may answer the query in light of some reported judgment.

Regards

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4 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 27 September 2016

Any order my Magistratre can be challenged, check under what section order is passed ? if it is CrPC it can be challenged in Appeal

P. Venu (Advocate) 27 September 2016

What exactly is the Order!

Abhi Sharma (n/a) 27 September 2016

On filing protest petition the magistrate refused to accept the final report and directed the police to conduct further investigation. Against this order the accused preferred a petition u/s 482. But my opinion is that such an order is final in nature and hence revisable. I tried finding authoritative pronouncements on this point but so far I havent found any direct ruling on it.