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Filed protest petition under 302 wants trial,why cmm is not cmm is not
09-May-2025 (In Criminal Law)
We filed protest petition under section 302 against final report filed by crime branch in delhi district court., We want trial so the truth might come, What cmmnd will order and how to convince for trial. Is trial be ordred by cmm or not,
If you have already filed your protest petition and mentioned your points of arguments regarding why the case should continue then the concerned CMM will send to the crime branch for the status report of the same. And then the trial will start.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Hello. We have expertise in such matters, especially for pushing the protest petition against the closure report. Section 302 is a serious offence and CMM should have ideally ordered trial. Happy to help you after seeing the papers.
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Adv. Nishtha Agarwal
Delhi | 25+ Answers
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If access to a trial is denied:
Appeal to a Higher Court: You can challenge the lower court’s refusal in an appellate or constitutional court.
Writ Petition: File a writ of mandamus or habeas corpus in the High Court or Supreme Court (in India) to compel the lower authority to hear the case.
Public Interest Litigation (PIL): If it's a systemic denial of justice affecting more than one person.
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Adv. Madhvi Chopra
Delhi | 50+ Answers
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To ensure a trial is ordered, the focus should be on presenting a strong and well-supported protest petition that convinces the Magistrate to either treat it as a complaint and find sufficient grounds to issue process, or to disagree with the Crime Branch's final report and take cognizance of the offense, or to order further investigation that yields incriminating evidence.
The judge who would ultimately try the case for an offense under Section 302 IPC in a Delhi district court, if a trial is ordered, would be an Additional Sessions Judge or a Sessions Judge of the relevant Sessions Court, after the Magistrate commits the case to the Sessions Court.
To get more tailored and effective advice on this specific situation, please do not hesitate to contact us with the full details of the case, including a copy of the final report, the protest petition, and any other relevant documents. This will allow us to provide you with the most accurate and helpful guidance.
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Hi. Since this a case related to 302 simply filing protest against the CB final report won't work. We will have to accurately find out the grounds on which it can be challenged, and mind it, the ground must be one that the Hon'ble Court can appreciate. Contact us with the complete facts and circumstances of your case and we can see what should be done to help you out.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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