How to move a protest petition against a negative final report? The investigating officer has sent the final report in my case. It was false and frivolous because I have produced enough evidence regarding the commission of offence. Accused are habitual criminals. They are trying to grab my land forcibly because there are some disputes among the co-owners. A civil suit is pending in the civil judge senior division towards the declaration of title on the land. That suit has been pending for a long time. I am a teacher and working in Bihar so not able to attend the court proceedings on each date. Also there is no one to harvest my land. The accused have availed that situation and attempted to grab my land forcibly. Accused are localities and have good relations in the police department. They have managed my case. Sir, how to move a protest petition and what action will be taken by the court?
Asked from: Andhra Pradesh
In the protest petition, you must pray for the cancellation of the negative final report and reiterate the allegations made in the original complaint. The contents of the protest petition should be structured as a complaint. While the Code of Criminal Procedure (CrPC) does not prescribe a specific format for a complaint, the protest petition must fulfill the requirements of Section 2(d) of the CrPC.
You must make specific allegations against the accused, clearly defining their role in the commission of the offence. Additionally, you should explicitly request the court to take appropriate action against the accused. The allegations must sufficiently disclose the commission of an offence.
These elements are crucial because the court has the power to reject the negative final report and either direct further investigation or treat your protest petition as a complaint. In Abhinandan Jha vs. Dinesh Mishra AIR 1968 SC 117, the Hon’ble Supreme Court held that even after accepting a negative final report, the Magistrate can still treat the protest petition as a complaint and proceed in accordance with the law.
Protest petition against a negative final report presents an opportunity for you to establish your case before the concerned court and request the Magistrate to take cognizance of the offence and proceed against the accused. If the court is satisfied that an offence has been committed and finds lapses in the investigation, it may take cognizance and issue process against the accused. For more legal help please visit Kanoon India.
