Table of Contents
OFFENCES UNDER SECTION 406 AND SECTION 420 READ WITH SECTION 120B OF THE INDIAN PENAL CODE.
Draft
OFFENCES UNDER SECTION 406 AND SECTION 420 READ WITH SECTION 120B OF THE INDIAN PENAL CODE.
IN THE COURT OF M. M…………………………….
Criminal Complaint No…………… /1 of 200
FIR NO:……………….
Police Station:………………………………..
OFFENCES UNDER SECTION 406 AND SECTION 420 READ WITH SECTION 120B OF THE INDIAN
PENAL CODE.
Next date of hearing:……………………..
In the matter of:
XYZ………………………………………………………… Plaintiff
versus
- ABC
- CDF…………………………………………………. Defendant
Protest petition on Behalf of the complainant Most Respectfully Showeth: - That the complainant filed a Criminal Complaint under Section 406 and section 420 read with Section
120B of the Indian Penal Code against the accused. The copy of the complaint filed by the complainant
on…………………….. is annexed hereto and marked as Annexure ‘A’. - That the Learned Metropolitan Magistrate issued the directions to the Station House Officer, Police
Station,………………………… to register the case and investigate the matter vide order
dated……………………….. Consequently the Station House Officer, registered a complaint on………………….
vide FIR No……………….. and started investigation. - That the final report of investigation under Section 173 Criminal Procedure Code from Station House
Officer, Police Station,………………….. dated ………….. was received by Learned Metropolitan Magistrate
on……………………… - That the Station House Officer, Police Station,………………….. had investigated the offences under the
FIR No…………… and recorded the statements of the following persons: –
(State name of persons)
(State facts of case)
GROUNDS
A. That the Trial Court has failed to exercise its judicial discretion on the facts and circumstances of the
case by ordering consigning of. file to record without taking into account the facts and circumstances of
the entire case.
B. That the Trial Court failed to give notice to the complainant before ordering consigning of the file to
record and giving an opportunity of being heard.,
C. That the impugned order of the Trial Court is against the principles of natural justice as per law laid
down by High Court as well as Supreme Court where they have categorically held that the complainant
must be heard.
D. That the finding of the Trial Court is against the law and weight of evidence on record.
E. That the Learned Trial Court failed to appreciate that the proceedings were initiated in the case on the
basis of complaint, which was never dismissed and as such, there was no question of consigning the file
to the Record Room.
PRAYER
It is therefore prayed:
(i) That the Hon’ble Metropolitan Magistrate in view of the position explained
hereinabove may be pleased to reject the final report of the Investigating Officer P.
S……………………… and to summon the accused to face the charges for offences
under Section 406 and section 420 IPC read with section 120B IPC in accordance
with law and
(ii) that the Hon’ble Metropolitan Magistrate may be pleased to pass such further
order (s) as may do complete justice on the facts and circumstances of the case.
Complainant
Through Advocate
