Practice and Procedure – A technicality like the caption of the application/petition could not be an impediment to consider the substance thereof. [ In this case, instead of filing protest petition,the appellant moved an application captioned as “under Section 173(8) of Cr.P.C.”- We fail to understand what prevented the Magistrate from treating that application purportedly filed under Section 173(8) of Cr.P.C. as a Protest Petition and then decide the same on merits. A technicality like the caption of the application/petition could not be an impediment to consider the substance thereof and then determine whether or not the matter required further investigation so as to find out the prima facie element of offences under Sections 376, 417 and 420 of the IPC.] (Para 9)
Court – It is the bounden duty of every Court of law that injustice wherever visible must be hammered and the voice of a victim of the crime is dispassionately heard.