Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Narazi Petition Filing - A Narazi petition is filed under Section 302 CrPC (or similar provisions depending on the context), primarily to disapprove a final report submitted by the police during investigation, leading to cognizance of offences by the Magistrate. The sources consistently highlight that a Narazi petition is associated with challenging the final report in cases where the investigation concludes with a report rather than a formal complaint (e.g., Narazi petition filed in respect of the Final Report 2021 0 Supreme(Gau) 157,
SUBRATA CHOUDHURY @ SANTOSH CHOUDHURY and 9 ORS vs THE STATE OF ASSAM and ANR - Gauhati
, 2023 0 Supreme(Cal) 1129).Legal Framework and Main Points - The petition is considered a form of complaint under Section 2(d) CrPC if it satisfies the ingredients of a complaint, i.e., containing allegations of facts constituting an offence
KUMUD ROY CHOUDHURY vs SMTI JOYSHREE RABHA - Gauhati
. The filing of a Narazi petition is typically after the submission of a final report (closure report) by police, and it serves as an objection or protest against the police report, seeking magistrate's cognizance 2021 0 Supreme(Gau) 157,SUBRATA CHOUDHURY @ SANTOSH CHOUDHURY and 9 ORS vs THE STATE OF ASSAM and ANR - Gauhati
, 2023 0 Supreme(Cal) 1129.Procedural Aspects - The petition is filed under Section 302 CrPC, and the magistrate may take cognizance based on the Narazi petition if it fulfills the criteria of a complaint. The courts have clarified that if the protest petition (Narazi) contains sufficient allegations, it can be treated as a complaint, and proceedings can be initiated accordingly
KUMUD ROY CHOUDHURY vs SMTI JOYSHREE RABHA - Gauhati
, 2025 0 Supreme(Gau) 118.Jurisdiction and Court's Role - The High Court's jurisdiction under Section 482 CrPC involves quashing or intervening in proceedings if they are initiated improperly or without jurisdiction 2023 0 Supreme(Cal) 647,
KUMUD ROY CHOUDHURY vs SMTI JOYSHREE RABHA - Gauhati
.Analysis and Conclusion:A Narazi Petition is filed under Section 302 CrPC as a protest or objection against a police final report, aiming to initiate criminal proceedings based on the allegations contained therein. It functions as a complaint when it meets the legal criteria under Section 2(d) CrPC. The courts emphasize that the petition's acceptance and subsequent cognizance depend on whether it contains sufficient allegations of offences. The jurisdiction of courts under Section 482 CrPC allows for the quashing of proceedings if they are initiated without proper legal basis.
In criminal proceedings in India, navigating the intricacies of the can be daunting for those involved. One common query that arises is: Can an accused file ? This question often stems from confusion over protest petitions filed against police reports. While Naraji (or Narazi) petitions serve as a vital tool for complainants dissatisfied with investigations, their applicability to the accused is limited. This blog post breaks down the concept, legal framework, procedures, and judicial interpretations to provide clarity. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your case.
A , also known as a protest or , is an application typically filed by a complainant to express dissatisfaction with a police investigation or final report (). It seeks further inquiry, investigation, or of offenses by the Magistrate. Though not explicitly defined in the CrPC, it has been recognized through longstanding judicial practice. 1967 0 Supreme(Cal) 12
For instance, courts have noted that such petitions challenge findings where police submit a final report closing the case, prompting the complainant to object and urge judicial intervention. 2021 0 Supreme(Gau) 157 2022 0 Supreme(Cal) 1252
Key characteristics include:- Filed after police submit a final report under .- Treated as a if it alleges facts constituting an offense, per Section 2(d) or 4(h) CrPC. 1967 0 Supreme(Cal) 12
- Aims to prevent premature case closure when investigation is deemed inadequate.
Naraji petitions draw support from several CrPC provisions:
2023 0 Supreme(Cal) 1129
Judicially, it's maintainable despite lacking explicit mention, as a mechanism for complainants. 1967 0 Supreme(Cal) 12
Typically, no. Naraji petitions are designed for complainants or victims protesting police inaction or closure reports favoring the accused. The accused, facing charges, would not file to challenge a report that often benefits them (e.g., closure). Instead:
Sources consistently show Naraji filed by complainants: Aggrieved by the said Final Report, the complainant filed a written objection/ on ... 2024 Supreme(Online)(SC) 11258 ...the respondent No.2 filed his dated ... (here, respondent No.2 as objector to police report). 2024 Supreme(Online)(GAU) 12905
An accused filing one would lack standing, as it's not their remedy. Courts emphasize: it's a complainant's tool post-final report. 2024 8 Supreme 241 No precedent supports accused-initiated Naraji; attempts might be dismissed for procedural mismatch.
Once filed, Magistrates follow structured steps:1. Examine under : Record complainant's statement and witnesses before proceeding. 1955 0 Supreme(Cal) 782. Inquiry or Investigation under Section 202: Postpone process if needed, directing further probe. 2022 0 Supreme(Cal) 1252 1991 0 Supreme(Cal) 663. if Valid: If treated as , proceed under Sections 200-204 CrPC. If first protest ignored without dismissal under Section 203, a second may be maintainable. 2024 8 Supreme 241 2024 Supreme(Online)(SC) 11258
When the learned Magistrate did not proceed under Section 200 to 204 CrPC... the ... though considered to be a second narazi ... 2024 8 Supreme 241
Second Petitions: Permissible in exceptional cases with new facts or prior flaws. 2021 0 Supreme(Gau) 157
High Courts intervene via Section 482 if proceedings lack basis. 2014 0 Supreme(Raj) 1299 2016 0 Supreme(Tri) 126
Courts uphold Naraji as valid:- A can be treated as a if it meets the requirements outlined in Section 4(h) of the CrPC. 1967 0 Supreme(Cal) 12- Maintainable for further investigation if initial inquiry unsatisfactory. 2022 0 Supreme(Cal) 1252 2021 0 Supreme(Gau) 157- ...a second or a second would be maintainable. (if not dismissed under Section 203). 2024 Supreme(Online)(SC) 11258
In one case: Notices were issued... and accordingly the respondent No.2 filed his ... confirming complainant-side use. 2024 Supreme(Online)(GAU) 12905
Accused-related petitions under Section 482 are distinct: This petition has been filed under . 2014 0 Supreme(Raj) 1299 Not Naraji.
A empowers complainants under CrPC Sections 202, 302, and related provisions to challenge police final reports, potentially leading to and trials. However, an accused cannot typically file one, as it's not aligned with their position—remedies like Section 482 suit them better. Judicial practice reinforces this divide, prioritizing procedural propriety. 2022 0 Supreme(Cal) 1252 2021 0 Supreme(Gau) 157
Key Takeaways:- Naraji = Complainant's protest tool, treated as .- Legal anchors: Sections 202, 4(h), 2(d), 302 CrPC.- Procedure: Examination (S.200), Inquiry (S.202).- Accused: Seek /revision instead.
Stay informed, but always seek professional legal counsel for case-specific guidance. Understanding these nuances can significantly impact outcomes in criminal matters.
1967 0 Supreme(Cal) 12 2022 0 Supreme(Cal) 1252 2021 0 Supreme(Gau) 157 1991 0 Supreme(Cal) 66 1955 0 Supreme(Cal) 78 2024 Supreme(Online)(SC) 11258 2024 Supreme(Online)(GAU) 12905 2024 8 Supreme 241 2025 Supreme(Online)(Cal) 2738
#NarajiPetition, #CrPCGuide, #CriminalLaw
When the learned Magistrate did not proceed under Section 200 to 204 CrPC for taking cognizance upon received of the first protest petition nor the protest petition was dismissed under Section 203 CrPC, the complaint in question though considered to be a second narazi complaint with reference to the ... In the instant case, it is not the case of a second complaint being....
When the learned Magistrate did not proceed under Section 200 to 204 CrPC for taking cognizance upon received of the first protest petition nor the protest petition was dismissed under Section 203 CrPC, the complaint in question though considered to be a second narazi complaint with reference to the ... In the instant case, it is not the case of a second complaint bein....
This revisional application has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter, "the Cr.P.C."), or Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, "the BNSS"), to challenge the order dated July 3, 2024, passed by ... The entire matter is remitted back to the Juvenile Justice Board, Kolkata, for a de novo....
When the learned Magistrate did not proceed under Section 200 to 204 CrPC for taking cognizance upon received of the first protest petition nor the protest petition was dismissed under Section 203 CrPC, the complaint in question though considered to be a second narazi complaint with reference to the ... Since the narazi petition dated....
Cr.P.C ., and dismissed not at the stage of Section 203, Cr.P.C ., a second complaint or a second protest petition would be maintainable. ... Aggrieved by the said Final Report, the complainant filed a written objection/narazi petition on 05.05.2011, alleging that the investigation was not conducted properly and praying for taking cognizance on it.
Notices were issued to the respondent No.2 and accordingly the respondent No.2 filed his Narazi petition dated 23.11.2006 in GR Case No.952/2005 before the learned CJM, Tinsukia. III. ... The present application under section 482 Cr.P.C is filed against the judgment and order dated 22.07.2013, passed in Criminal Revision No.43(3)/2010 by learned Additional Sessions Judge (FTC) No.2, Tin....
Under such circumstances, it is to be seen, as to whether, the said Narazi Petition satisfies the requirement of Section 2 (d) of the Code of Criminal Procedure, 1973. 14. ... If it were to be so, the protest petition so filed shall have to satisfy the requirement of a complaint as defined in Section 2(d) CrPC, and that the complaint should contain all....
As soon as final report was submitted, summons’s were issued to the complainant who in turn filed a Narazi petition and this complaint case was registered on the basis of the Narazi petition. ... Against this Final report, the informant/respondent No. 2 filed a Narazi petition which was registered as CR case No. 36/2022, and vide impugned order dated 2....
No “Narazi” was filed in respect of the petitioner. “Narazi” was filed only in respect of accused Purusottom Bajaj. ... The opposite party no. 2 filed a “Narazi” petition before the learned Additional Chief Judicial Magistrate at Uluberia only in respect of the Final Report given by the police against one Purusottam Bajaj. ... (iii) The “Narazi #HL_ST....
This Court time and again has examined the scope of jurisdiction of the High Court under Section 482 CrPC and laid down several principles which govern the exercise of jurisdiction of the High Court under Section 482 CrPC. A three-Judge Bench of this Court in State of Karnataka v. L. ... Finally the record was traced out on 26/09/2019 and a fresh notice was issued upon the de-facto complainant for hearing of the ....
While entertaining the petition, this Court passed an interim order dated 08.03.2017 staying further investigation of the impugned FIR. 4. Being aggrieved by registration of the said FIR, the petitioners herein have approached this Court by way of the instant misc. petition filed under Section 482 Cr.P.C. seeking quashing thereof.
The main petition is filed under Section 125 (1) Cr.P.C. By way of an amendment to Section 125 Cr.P.C, claiming of interim maintenance in such cases also now provided.
6. Aggrieved, the present petition under Section 482 of CrPC is filed.
6. The present petition is not filed under section 482 of CrPC. There is no provision of compromise under section 324 of IPC as per section 320(1) or 320(2) of CrPC. But it is a revision against the conviction passed by the first appellate Court.
1. - This petition has been filed under Section 482 CrPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
