DELHI HIGH COURT
MANOJ KUMAR OHRI
Raman Kapoor – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
(VIA VIDEO CONFERENCING)
Manoj Kumar Ohri, J. (ORAL)--The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. on behalf of the petitioner assailing the order dated 22.07.2020 passed in Crl. Rev. P. No. 121/2019 by the learned Addl. Sessions Judge-04, New Delhi District, Patiala House Courts, New Delhi, whereby the Revisional Court has upheld the order of the learned Metropolitan Magistrate vide which the closure report was accepted and the protest petition filed by the petitioner/complainant was dismissed.
2. The brief facts, as noted by the Revisional Court, are as under :-
"2. Briefly stated, the facts of the case are that the revisionist herein has registered FIR bearing No. 323/99, under Section 403/406/467/468/419/420/120-B IPC, PS Connaught Place, New Delhi for forgery of his signatures on the application forms for opening the bank accounts in Bank of Madura Ltd., and Bank of Punjab Ltd. against respondents No. 2 to 5 herein. It is stated that a partnership firms under the name and style of M/s. Ropas International and M/s. Continental Films were being run by the revisionist, his brother namely Anil Kapoor an
A complainant's right to file a private complaint under Section 200 Cr.P.C. remains intact even after a Magistrate accepts a closure report.
When complaints of an inscrutable nature are pursued, and when the Magistrate is satisfied that there are no sufficient grounds for proceeding with the complaint, the Magistrate has the power to dism....
The Magistrate's discretion in accepting or rejecting police final reports is paramount, and the Revisional Court's role is limited to ensuring no legal errors occurred in the lower court's proceedin....
A Magistrate must independently evaluate evidence and not solely rely on police conclusions when dismissing a complaint; proper procedures under the Code of Criminal Procedure must be followed.
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