| Scenario | Magistrate’s Action | | :--- | :--- | | | Issues notice to complainant. If complainant fails to prove otherwise, the court accepts the closure report and closes the case. | | 2. Magistrate finds prima facie merit in protest | Treats the protest petition as a complaint case . Proceeds under Section 200 CrPC (examines complainant on oath) and issues process against accused. | | 3. Magistrate finds investigation deficient | Passes a speaking order rejecting the police report and orders "Further Investigation" (new IO, fresh evidence). |
Attach the official copy of the police report you are opposing. sample format of protest petition full
Police Station: [Name of Police Station] FIR No: [________] of [Year] Under Sections: [List sections of the penal code, e.g., 420, 323 IPC] | Scenario | Magistrate’s Action | | :---
If the Magistrate finds merit in the protest petition, he/she can reject the police report, order a further investigation, take cognizance of the offence directly, or even issue summons to the accused. Magistrate finds prima facie merit in protest |