June 23, 2023

A person can file FIR (First information report) to a police officer if any crime is committed against him. Upon receiving such information or FIR police officer starts their investigation, once the investigation by the police officer is completed, they file a police report/final report/challan to Magistrate and upon such report Magistrate takes cognizance.

But there may be cases where police officers after completing their investigation file a closure report. A closure report is a report where a police officer states that in this particular case, there is no prima facie case made out and from his end, he is closing a case.

Taking or not taking cognizance is Magistrate discretion means Magistrate may or may not take cognizance upon police report or closure report. Therefore, the magistrate may even take cognizance upon the closure report and Magistrate may not take cognizance upon the police report.

So, there may be a case where a police officer submits a police report but Magistrate refused to take cognizance.

Therefore, the question arises in the above two situations (i) when the police officer filled closure report (ii) when the magistrate refuses to take cognizance, where the informant go means the person who lodged the FIR off course, he filed FIR because he wanted justice but at the initial stage of criminal proceedings his case closed so what remedy or alternative, he has?

Such an informant can file a Protest petition to Magistrate who is empowered to take cognizance and show cause that in his matter further proceedings should be followed. Upon receiving of protest petition Magistrate can take the following actions-

  1. Magistrate may dismiss the protest petition
  2. Magistrate may take cognizance upon the closure or police report
  3. Magistrate may order an investigation under section 156(3) of CrPC
  4. Magistrate may take a protest petition as a complaint and initiate complaint proceedings as per section 200 CrPC

What if the informant finds himself aggrieved with the order of the Magistrate passed against the protest petition, means let suppose the magistrate dismisses the protest petition, then where informant can go?

In such a situation, the informant can file a revision either to the High Court or the Court of session.

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