18 April 2024 FIR >> Criminal Law   |   Summons >> Criminal Law  

In a recent case, the Supreme Court of India clarified the procedure a Magistrate must follow when rejecting a police closure report and the complainant submits affidavits with a protest petition.

The Case:

The case involved an FIR filed by a complainant (respondent no.2) alleging various offenses. The police investigated but submitted a closure report. The complainant disagreed with the investigation's fairness and filed a protest petition with affidavits.

The Magistrate rejected the closure report, took cognizance of the case, and summoned the accused. The issue before the Supreme Court was whether the Magistrate should have treated the protest petition with affidavits as a formal complaint.

The Ruling:

The Court ruled that the Magistrate should have treated the protest petition with affidavits as a complaint under Section 200 of the Cr.P.C. and followed the procedures outlined in Chapter XV. These procedures involve examining the complainant and any witnesses.

The Court allowed the appeal and set aside the previous orders. The Magistrate now has the option to treat the protest petition as a complaint and proceed accordingly.

Importance of the Ruling:

This case clarifies the importance of following the proper procedure when a Magistrate rejects a closure report and the complainant submits supporting documents. Including affidavits with a protest petition can significantly impact how the Magistrate handles the case.

Code of Criminal Procedure, 1973