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If police filed closure report then complainant filed protes
09-Jul-2025 (In Criminal Law)
If police filed closure report then complainant filed protest petition against closure.... Then,,
Can Accused persons may file reply to protest petition or not..if yes then under what provision..
Yes, an accused person can file a reply to a protest petition filed by the complainant against a police closure report — though this is not explicitly provided for in the CrPC, courts in India have allowed it in the interest of natural justice. Closure Report Filed by Police (Final Report under Section 173(2) CrPC):
• Police find no sufficient evidence and file a “Final Report / Closure Report”.
2. Complainant Files Protest Petition:
• Under no specific section, but courts have recognized the right to protest against closure (e.g., in Bhagwant Singh v. Commissioner of Police, AIR 1985 SC 1285).
3. Magistrate’s Role (u/s 190 & 200 CrPC):
• Magistrate may:
• Accept the closure report.
• Reject the closure and take cognizance of the protest petition.
• Order further investigation under Section 156(3).
• Treat the protest as a private complaint and proceed under Sections 200-204 CrPC.
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Adv. Aishwarya Panday
Adv. Aishwarya Panday
Lucknow | 100+ Answers
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Yes, the accused has a limited right to be heard at the stage when the Magistrate is considering a protest petition filed against a police closure report. Although the Criminal Procedure Code (CrPC) does not expressly provide for a reply to a protest petition by the accused, the Hon'ble Supreme Court in Bhagwant Singh v. Commissioner of Police (AIR 1985 SC 1285) held that if the Magistrate is inclined to take cognizance on the protest petition, then the accused must be given an opportunity of being heard before issuance of process.
This principle is based on natural justice. Therefore, while not a statutory right, the accused may move an application before the Magistrate seeking permission to file objections or reply to the protest petition. It is ultimately the discretion of the Magistrate whether to allow such reply, but judicial precedents support the right to be heard at this stage if cognizance is being considered.
Hence, although no direct provision exists under CrPC, the right emerges from judicial interpretation ensuring fair procedure and opportunity of hearing before any adverse order is passed against the accused.
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Adv. Lalit Kumar
Adv. Lalit Kumar
Greater Noida | 50+ Answers
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yes the accused person may file reply to protest petition this is under criminal law police files closure report or chargesheet yes replies to protest petition then only you can be saved from legal proceeding
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Adv. Spiti Sarkar
Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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When police files a closure report and the complainant files a protest petition, the Magistrate has options to accept the closure, reject it and take cognizance, or order further investigation. At this stage, accused persons technically have no right to be heard as per the Criminal Procedure Code. There is no specific provision in CrPC that allows accused to file a reply to the protest petition. This is because the accused has not yet been summoned and no cognizance has been taken. As per Supreme Court in Bhagwant Singh vs Commissioner of Police, only the complainant or informant has the right to be heard before the Magistrate decides on the closure report. However, in some cases, courts have permitted accused persons to file replies or objections based on principles of natural justice, especially if the Magistrate is likely to take cognizance. Such replies are allowed at the discretion of the court, not as a legal right. Therefore, while there is no express legal provision, accused may request the Magistrate to accept their reply in the interest of fairness. But it is not mandatory for the Magistrate to allow it. The process mainly remains between complainant and court till cognizance is taken.
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Adv. Aprajita Shukla
Adv. Aprajita Shukla
Lucknow | 50+ Answers
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Actually it's not allowed in adversarial system.
Accused has no locus , and nothing like a reply but the case is now totally depends the mind set of Court to order further investigation or dismiss the protest petition.
Yes your advocate can be there to oppose the protest petition orally but not as matter of right.
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Adv. Hariom Dubey
Adv. Hariom Dubey
Varanasi / Banaras | 25+ Answers
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