My Company has filed case and police has submitted the Final Report positive for me. My company submitted the protest but I was never called up. Currently case is showing status disposed Contested - DECIDED. After checking the order copy Judge has written in order for my company who put the case that company should present on date - XYZ for witness under section 200
Please tell me as to what is the query. You have apparently just told the facts and no question has been asked. Please ask in detail.
Also if the protest petition has been filed u/s 173(8) then you will not be called upon, it will be decided in your absence. However, if the court decides the protest petition and allows for further investigation then you can challenge such order in the High Court.
Regards
Basically, where FIR discloses commission of a cognizable offense, protest application filed against the FR has to be treated as a complaint under section 200 and the procedure prescribed under section 200 and 202 is to be followed.
The same procedure must have been followed in your case too and that's the reason why protest in this case too is being dealt as a complaint under section 200.
First of all please hire an advocate who could legally inspect the file and can understand the technicalities why the order has been passd.ok
1) company is entitled to submit protest application if not satisfied with closure relief
2) magistrate can reject closure report and direct further investigations
Hi, under section 200 Crpc a complaint is filed before court .. The next stage is for presenting the list of witnesses and for the evidence of the Complainant
It means that the protest petition of the company has been accepted as complaint and procedure under chapter 15 Cr.P.C. (Sections 200 to 204)complaint has started.It means the Final Report filed by police has not been accepted by the concerned Magistrate.So you must contest the complaint case further. And the Magistrate has ordered the complainant i.e. the company to present their witnesses for examination under section 200.
When the Police submits final report before the concerned Magistrate, the complainant is sent notice either to show protest or not. If the complainant protest the final report to be not satisfactory then the Magistrate may call him U/S 200 for Examination of complainant.
Hope my reply helps you.
This is not very big issue sometimes it happens. Magistrate has ordered to examine on such date.
case can be restored by filling appeal to the High Court, as you have explained it seems to be the case is dismissed for non prosecution.
Dear Client,
Court has taken cognizance in your matter, now judicial trial will go and court will decide your case ignoring police report.
The police case has been disposed based on the police report on the complaint before it.
However the company being a complainant has filed a private complaint under section 200 cr.p.c. which is pending to be taken on file for want of witness evidence for taking the complaint on file
