In a recent ruling, the Supreme Court has clarified the procedure regarding the treatment of protest petitions in criminal cases. The Court held that if a Magistrate takes cognizance of an offence and issues summons to an accused based on additional evidence provided through a protest petition filed by the informant, then such a petition should be treated as a private complaint under Section 200 of the Code of Criminal Procedure (Cr.P.C.).
The judgment, delivered by a bench comprising Justices Vikram Nath and Satish Chandra Sharma, reversed the findings of both the High Court and the Trial Court, which had refused to consider the protest petition as a private complaint.
Background
The case arose from a situation where a summon was issued by the Magistrate to an accused based on a protest petition filed by the informant, who contested the closure report submitted by the police. While issuing summons, the Magistrate recorded satisfaction to take cognizance of various offences under the Indian Penal Code (IPC) based on the protest petition. However, the Magistrate directed that the matter would continue as a State case under Section 190(1)(b) of the Cr.P.C.
Supreme Court's Observation
The Supreme Court observed that if a protest petition fulfills the requirements of a complaint, the Magistrate should treat it as a complaint and proceed accordingly under Section 200 read with Section 202 of the Cr.P.C. The Court emphasized that once a Magistrate relies on additional material provided through a protest petition, it becomes imperative to follow the procedures outlined under Chapter XV of the Cr.P.C.
Conclusion
In its ruling, the Supreme Court allowed the appeal and set aside the orders passed by the High Court and the Chief Judicial Magistrate, Aligarh. The Court emphasized that rejection of the protest petition would not bar the informant from filing a fresh complaint under Section 200 of the Cr.P.C. It kept the option open for the Magistrate to treat the protest petition as a complaint and proceed in accordance with the law laid down under Chapter XV of the Cr.P.C.
This judgment provides important clarity on the treatment of protest petitions in criminal cases, ensuring adherence to procedural requirements and safeguarding the rights of the complainants in seeking redressal for alleged offences.
