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Checking relevance for Mukhtar Zaidi VS State of Uttar Pradesh...
Checking relevance for Vishnu Kumar Tiwari VS State of Uttar Pradesh through Secretary Home, Civil Secretariat Lucknow...
Vishnu Kumar Tiwari VS State of Uttar Pradesh through Secretary Home, Civil Secretariat Lucknow - 2019 7 Supreme 81 : Under Section 200 of the Code of Criminal Procedure, 1973, a protest petition that satisfies the requirements of a complaint—i.e., contains facts constituting an offence and is made with a view to the Magistrate taking action—must be dealt with as a complaint. Such a protest petition, if fulfilling the criteria under Section 2(d) of the CrPC (which defines ''''complaint'''' as any allegation made to a Magistrate with a view to his taking action under the Code), shall be treated as a complaint and processed under Section 200 read with Section 202. The form of the document (e.g., labeled as a ''''protest petition'''') is not determinative; the substance and content are key. In this case, although the protest petition lacked a list of witnesses and was not formally styled as a complaint, it was essentially a summing up of objections to the final police report and thus could be treated as a complaint if it met the necessary factual and legal criteria.Checking relevance for Keynote Capitals Limited VS State of Kerala, Represented By Public Prosecutor...
Checking relevance for B. Chandrika VS Santhosh...
Checking relevance for Gopinathan Nair, S/o. Padmanabhan Nair vs Mohammed Salah, S/o. Abdu...
Gopinathan Nair, S/o. Padmanabhan Nair vs Mohammed Salah, S/o. Abdu - 2025 0 Supreme(Ker) 2441 : Under Section 200 and 202 of the Code of Criminal Procedure, 1973, if a protest petition fulfills the requirements of a complaint, the Magistrate may treat the protest petition as a complaint and proceed accordingly. The Magistrate must follow the procedure prescribed under Chapter XV of the Cr.P.C. If the protest petition is not filed with all necessary materials, the Magistrate ought to reject it with liberty to file a fresh complaint. The Magistrate must independently evaluate the evidence and not rely solely on the police''''s recommendation or final report. The Apex Court in Mukhtar Zaidi v. State of Uttar Pradesh [2024(3) KHC 503] held that the Magistrate must ensure proper procedure is followed and may treat a protest petition as a complaint if it meets the criteria, in accordance with the law.Checking relevance for Subrata Choudhury @ Santosh Choudhury VS State of Assam...
Subrata Choudhury @ Santosh Choudhury VS State of Assam - 2024 8 Supreme 241 : A protest petition against a final report filed under Section 173 of the Code of Criminal Procedure, 1973, after investigation based on a FIR registered pursuant to a complaint forwarded under Section 156(3), Cr.P.C., can be treated as a fresh complaint if it reiterates the allegations made in the original complaint and prays for rejection of the final report and further action by the court. However, its maintainability depends on how the original complaint or protest petition was disposed of. Even after the final report is accepted and the protest petition is rejected, the Magistrate may still take cognizance upon a second complaint or second protest petition on the same or similar facts, subject to certain conditions. The key criterion is whether the protest petition satisfies the legal definition of a ''''complaint'''' under Section 2(d) of the Cr.P.C. There is no blanket bar on filing a second complaint on the same set of facts, but the maintainability of such a second complaint is not automatic and depends on the procedural history of the original complaint.Checking relevance for Ramveer Upadhyay VS State of U. P. ...
Checking relevance for Cibi. K. Cherian VS State of Kerala, Represented By Public Prosecutor...
Cibi. K. Cherian VS State of Kerala, Represented By Public Prosecutor - 2022 0 Supreme(Ker) 974 : Under Section 173(2) of the Code of Criminal Procedure, when a final report is submitted by the police, the Magistrate must consider it before deciding whether to take cognizance of an offence. A protest complaint filed after the final report cannot be treated as a second complaint unless there is a manifest error or manifest miscarriage of justice in the earlier order, or new facts were not known to the complainant or could not have been brought forward with reasonable diligence. The Magistrate cannot ignore the final report altogether and base the decision solely on the protest complaint and sworn statements of witnesses. If the Magistrate is inclined to accept the final report, notice must be issued to the complainant to allow them to submit objections. If the Magistrate decides to disregard the report and take cognizance, notice to the complainant is not mandatory. The protest complaint is essentially an objection to the final report and must be evaluated in light of all materials, including the police report. The Magistrate must record whether the final report is accepted or rejected, and if cognizance is taken, it must be based on a consideration of all relevant materials.Checking relevance for Shiv Shankar Singh VS State of Bihar...
Shiv Shankar Singh VS State of Bihar - 2011 8 Supreme 450 : Under the Criminal Procedure Code (Cr.P.C.), a Protest Petition can be treated as a complaint and proceeded with under Chapter XV of the Cr.P.C. A second Protest Petition may be entertained in exceptional circumstances, particularly when the first Protest Petition was filed without furnishing full facts or particulars necessary to decide the case, and a fresh Protest Petition is filed prior to its entertainment by the court, providing complete details. This maintainability is contingent upon the absence of a bar to a second complaint on the same facts, which is permissible if the earlier complaint was decided on insufficient material, without proper understanding of the complaint''''s nature, or where new facts emerged after the first complaint''''s disposal that could alter the outcome.
