Where, on completion of investigation, police files a closure report (instead of charge sheet) before the court, the court is duty-bound to inform the complainant about the same. Upon this, the complainant can file a protest petition before the court and can convince the court that there is sufficient material to prosecute the accused. In such a scenario, the court can directly take cognizance and proceed with the matter (even after closure report) or direct police for further investigation. The court can also treat the protest petition of the complainant as a private complaint case, and the complainant can then conduct the trial himself by adducing all relevant evidence.
However, if the court is not convinced with the protest petition, it may formally accept the closure report filed by police. But, even in this case, the complainant can challenge this decision in the superior courts.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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