Protes petition or part protest petition
Bapurao R. Kane
(Querist) 20 February 2013
This query is : Resolved
I am original Informant /Complainant of a case registered against the five accused under section 500’, 501, 509, 34 and 120(b) of IPC. And sec 66(a) and 66(b) of IT Act.2008 It was a case defamation and sexually explicit through Fake facebook and email account.
Police have filed charge sheet against two accused persons. They were arrested and present in the court for bail. The APP and I have objected for bail because Sec 67(a) of IT act-2008 was also made out which is non bail able. The MM court has considered the same and noted on the charge sheet.
Out of five accused the police have given the clean chit to three. And also remove the section 120(B) of IPC. When I received the copy of charge sheet police has intensively free three accused, from which against two there is strong evidence in the investigated paper,
Can file the protest or Part protest petition against the chare sheet file by police and request to hon’ble court to order to arrest remaining two accused, police have also given application for futher investigation u/s 173(8) of CrPc.
My Queries:-
(1) Whether at this stage can I file a protest petition?
(2) what type of application can I give to the court to file charge sheet remaining these two accused.
Regards!
Raj Kumar Makkad
(Expert) 20 February 2013
In the given facts the application under section 173 8) is sufficient to achieve our goal and if the same charge-sheet stands then those accused persons involve while during evidence and request to summon them.
Bapurao R. Kane
(Querist) 20 February 2013
Thanks Sir,
Accused 3 & 4 have managed police and escaped. shall we file application for arrest them or request to court to order IO to arrest them
Raj Kumar Makkad
(Expert) 21 February 2013
Without having any material before the police against them, those accused cannot be got arrested merely on your request to court. Let the evidence come against them during your turn and those 3 accused persons shall become part of 2 accused persona against whome challan has already been filed.
Bapurao R. Kane
(Querist) 21 February 2013
sir, one accused have used his internet connection and IP address and use of her mobile is detected, Police have give clean chit on the basis of statement of one accused.
Devajyoti Barman
(Expert) 21 February 2013
1. File protest petition on the ground mentioned above. Ask for re investigation by other agency.
2. On the next possible date file protest petition.
If you are aggrieved by the trial court then move to high court in its revisional jurisdiction and file a revision petition. Here you should get order of re investigation.
Arvind Singh Chauhan
(Expert) 21 February 2013
In addition to above opinion, if you fail following the same. You can bring the facts during evidence in court and may file application in court under Sec 319 C.P.C. to summon these people who has been given clean chit by IO and also file application to amend the charge against existing accused.
Raj Kumar Makkad
(Expert) 21 February 2013
Wait for the outcome of the investigation under section 173(8) of Criminal Procedure code and take next step of filing protest petition only thereafter.
Bapurao R. Kane
(Querist) 21 February 2013
Thanks for Raj kumarji, Arvindji and Devjyoti Barmanji, All of you thanks for giving a valuable opinion on my query.
