Protest application/Review petition

Querist : Anonymous (Querist) 25 April 2011 This query is : Resolved
The case under section 376/511 was files against my friend. However, after investigation police did not find any evidence for rape and also no medical report was present. Police filed a chargesheet of Sec 354.

I want to know can the complainant put a protest petition or review application for the same. If yes, by what time they can file this application.
Can they file a writ against police report in the High court. what will be the role of Police in this case.

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M.Sheik Mohammed Ali (Expert) 25 April 2011
you can file quash petition in high court.

adv. rajeev ( rajoo ) (Expert) 25 April 2011
There wont be any review/protest applications in criminal cases. He has to file a writ seeking quashing of FIR/Chargesheet.

M/s. Y-not legal services (Expert) 25 April 2011
Yes.. Writ not liable.. You just file a quash petition before concern high court.. If you have valid grounds mean Its will be stayed..

Querist : Anonymous (Querist) 25 April 2011
I want to ask can the other party who has filed the FIr can go ahead and file any review application to convert the case again to 376/511 as my friend has got bail by getting the case converted to Sec 354.

Devajyoti Barman (Expert) 25 April 2011
No need to go to the high court at the first instance.
First ask the court to add the charge u0s 376 etc. If the court refuses to do so then go to the court under Revision but not for QUASHING, mind it.

Querist : Anonymous (Querist) 26 April 2011
My question is different...As the case is converted to 354 it is now in the favor of my friend. But we are worried what the other party now can do to get it again converted to 376/511....

Advocate. Arunagiri (Expert) 26 April 2011
The charges can be added or dropped at any time of the trial.

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