Can accused file protest petition after filing of chargesheet?

[vijaysairao]

Can accused file protest petition after filing of chargesheet if the investigating agency is suppressing the real facts like Call Details or any other data which are only given to the authorities like investigating agencies and on court orders.

I have heard most of companies retain data for limited time and the investigating agency has intentionally delayed for 2 years to file chargesheet.

What is the remedy ?

Thanks in advance

[Dr. Ashok Dhamija]

Protest petition, as it is understood, can be filed by the complainant and not the accused person. Usually, it is filed by the complainant if the investigating authority files a final report under Section 173 of Cr.P.C. closing the case against some or all accused persons.

You can try making an application to the court under Section 91 of the Cr.P.C. for directing the person concerned to produce the relevant documents; the relevant extract of Section 91 is reproduced below:

“91. Summons to produce document or other thing.— (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.”

     

---

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.

[Author]

Posts