Protest value after the case hearing closed case reopen or not on the basis of p

Tilak Marg Forum for Legal Questions Forums Criminal Law Protest value after the case hearing closed case reopen or not on the basis of p

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    • #4293

      Case hearing closed on 19dec 2017 protest submitted on march 2016 if case reopen on the basis of protest

    • #4310

      It is not possible to understand your question and the facts stated therein. Please write in clear language. The dates mentioned by you are also not matching. The date of closure of case is of 2017 whereas the protest petition date is of 2016.

      However, it appears from your question that the case has already been closed and the protest petition has been submitted after that (though you appear to have given wrong dates). If this is the situation and if the case was closed without giving an opportunity to the complainant to file a protest petition, then such closure of case would be wrong and you can challenge it before the higher courts. On the other hand, if an opportunity was given earlier to the complainant to file protest petition but he did not file it and the case was closed due to this reason, and if the complainant now wants to file the protest petition, then you may have to approach the higher courts to get the case reopened. The trial court may not have the power to reopen the case once it is closed properly in accordance with law.

           


      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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