Lawstreet Journal

"Victims/Interested Persons Have A Right To File Protest Petition," Says SC Upholding Madras HC Order

Lawstreet Journal 5 Feb 2020 4:32am

Image courtesy: Lawstreet Journal Judiciary "Victims/Interested Persons Have A Right To File Protest Petition," Says SC Upholding Madras HC Order

On 4 February, 2020 the Supreme Court of India upheld the decision of the Madras High Court given in November last year regarding protest petitions. The High Court (HC) ordered that petitioners being the victims and affected ones are entitled to have notice before acceptance of the final report of the Police, anything in contrary to this will attract a protest petition and Supreme Court conceded with this order stating that a petitioner has a right to file a protest petition.

The order was given by a division bench consisting of Justices Mohan M. Shantanagoudar and R. Subhash Reddy. The case was filed in the Apex Court through special leave petition by the original respondents against the order given by the HC. The facts of the case are as follows, the petitioner in the present case was accused of creating false documents and forging some documents to grab the complainant’s land. The police report did not name them and the complainant was given notice of the final report. Knowing the same, the trial court took cognizance of this matter. As a matter of fact, the allegations were later dropped and the complainant approached the HC regarding the same. The complainant stated that the law mandates notice to be served to the victim and the Judicial Magistrate should not have taken cognizance of the matter without serving notice to him. The HC decided in favour of the complainant stating that such a stage should be followed by protest petition and redirected the… Continue Reading...

Tagged: Supreme Court of India   Supreme Court of India  
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