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Protest application

Police removed the names of some of the accused(say A2 and A3 are removed but A1 is still there in CS) from Chargesheet. Complainant wants to file protest application to include the names of the other accused back. If such a protest application is accepted, which of the following can happen:

1. CS is rejected and case proceeds as private complaint (complainant vs A1, A2, A3) and fresh summons are served.

2. Another case is instituted as complainant vs (A2, A3) and State vs A1 proceeds based on CS.

3. Magistrate takes cognizance for other accused persons and State vs A1, A2, A3 is set in motion.

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 August 2012

You've spelt out all the possibilites.

surjit singh (Assistant) 15 August 2012

You can file an application under 156(3) before the CJM praying a direction for proper investigation. Secondly as regard filing of protest petition, at the time of taking cognizance you may put forward your agrument on which if the magistrate is satisfied he may include A2 & A3 as an accused or he may direct further investigation as regard A2 & A3. The nearest possibility is the third option given by you.

Kishtaiah (Advocate) 16 August 2012

Has the police given you notice before removing the names of A2 & A3 ? it is mandatory. File application before the magistrate taking cognizance of the case with the facts constituting offence along with list of witnesses, against A2 & A3 and pray for inclusion of their names in CS, and if the magistrate is satisfied, will order inclusion of the names so removed and direct police to investe and submit supplimentary charge sheet for taking cognizance against them too. The same case will continue with inclusion of names of A2 & A3.