• Protest petition

I have filed a protest petition against A2 to A5 to include them in a case and also file a chargesheet against them. How can I know whether they are included or not. I searched CC dairy and names of all the A2 to A5 are there, but written " Only Summons to A1 only " and no mention of Summons to A2 to A5. What does it mean. If the judge didn't include them, what should be my next step to include them all including A1. Truth and proofs are with me and I need them to get punished. Please suggest. 

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Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1. Since you have protest petition the court will hear you to decide whether to add them as co accused person or to direct the Police for further investigation or treat the complaint as private complaint case.

2. So after the hearing you will be informed about the final outcome of the case on this issue

3. if your protest petition is allowed then it is alright. Else file revision in the sessions court.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Just relax and court will surely take some Appropriate Action and issue summons to all the accused

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Once you file protest petition magistrate can direct police to carry on further investigations 

 

2) you can check the roznama ie court records as to whether order fir further investigations has been made by magistrate and report if any of police on further investigations 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear sir,

Please send me the relevant documents. If not included then you may file application under section 319 as follows before the magistrate.

Section 319 in The Code Of Criminal Procedure, 1973

319. Power to proceed against other persons appearing to be guilty of offence.


(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.


(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.


(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.


(4) Where the Court proceeds against any person under sub- section (1), then-


(a) the proceedings in respect of such person shall be commenced a fresh, and the witnesses re- heard;

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. The court will pass an order on your protest petition after recording your evidence. That is how you will come to know.

2. If summons are issued to AI only then it means that other accused have not been summoned. It is not clear from your query as to whether the order to summon A1 only has been passed before or after your protest petition. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client,

How and why court will summon them until protest will not decide. Argue on protest petition , if allowed than court will summon them, or dismissed than file revision.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that though names of person from A 2 to A5 are there in the report, but summons had been issued to only A1.
  2. You have rightly objected to it by filing the present protest petition. Now, proceedings will get conducted with respect to your protection petition concerning the points for the adjudication which are not adjudicated till now.
  3. Though it can be seen that not even summons were issued to them, still o would suggest you to won’t get ready some information or proofs to prove their guilt also, and don’t let them go.
  4. The purpose of protest petition is same as to do something which investigation may not have done accurately.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If you have filed a petition seeking to implead the other accused then the court will hear the petition by summoning the accused and also will hear the public prosecutor on this.

You can engage an advocate from your side and get to know the details  through advocate

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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