Legal Drive

Protest Petition

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IN THE [court_name] PROTEST PETITION IN FIR No. [fir_number], Police Station [police_station] IN THE MATTER OF: [complainant_name] [complainant_address] ... COMPLAINANT / PETITIONER VERSUS STATE AND OTHERS ... RESPONDENTS PROTEST PETITION AGAINST THE FINAL REPORT SUBMITTED BY THE INVESTIGATING AGENCY MOST RESPECTFULLY SHOWETH: 1. That the Complainant lodged a first information report bearing FIR No. [fir_number] at Police Station [police_station], alleging as follows: [original_allegations] 2. That the investigating agency has submitted a final report dated [closure_report_date] recommending closure of the matter, which the Complainant has come to know of and to which the Complainant objects. 3. DEFECTS IN THE INVESTIGATION The investigation conducted by the police is perfunctory, incomplete and defective, for the following reasons: [investigation_defects] 4. MATERIAL NOT CONSIDERED The investigating agency has failed to collect, consider or place on record the following material, which was available and relevant: [evidence_ignored] 5. That the conclusions recorded in the final report are contrary to the material on record and to the statements made by the Complainant and the witnesses. 6. That the Complainant reiterates and reaffirms each of the allegations made in the first information report, and states that a cognizable offence is clearly disclosed on the material available. 7. That this Hon'ble Court is not bound by the conclusion of the investigating agency. On receipt of a final report the Magistrate may accept it, may direct further investigation, or may — notwithstanding the report — take cognizance on the material available, including on the basis of a protest petition treated as a complaint. 8. That the Complainant is willing to lead evidence in support of the allegations, and prays that the Complainant and the witnesses be examined. 9. That unless this Hon'ble Court intervenes, a serious offence will go uninvestigated and the Complainant will be denied justice. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Decline to accept the final report submitted by the investigating agency; (b) Take cognizance of the offences disclosed, or in the alternative direct further investigation into the matter; (c) In the alternative, treat this protest petition as a complaint and proceed in accordance with law; (d) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE COMPLAINANT SHALL EVER PRAY. Place: ______________ Date: [petition_date] [complainant_name] COMPLAINANT Through ______________________ ADVOCATE NOTE: A Magistrate is required to give the informant notice and an opportunity of being heard before accepting a final report recommending closure. The protest petition is the mechanism by which that opportunity is exercised. It should be filed promptly on receiving notice, and supported by the documents and witness details relied upon.

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