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MANOJ KUMAR GARG
Mardan Ali Khan – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual basis for the complaint and ensuing legal process. (Para 1 , 2 , 3) |
| 2. arguments regarding the rejection of the protest petition. (Para 4 , 5) |
| 3. court's analysis on the validity of police report. (Para 6 , 7) |
JUDGMENT :
MANOJ KUMAR GARG, J.
Instant misc. petition has been filed against the order dated 14.06.2022 passed by learned Additional Sessions Judge, Merta whereby the learned Judge dismissed the revision petition and affirmed the order dated 19.01.2019 passed by learned Additional Chief Judicial Magistrate, Merta accepting the FR filed by the police in FIR No. 78/2017.
2. Brief facts of the case are that the complainant filed a complaint before the Additional Chief Judicial Magistrate, Merta to the effect that the accused after entering into a conspiracy proceeded to fabricate the documents and got stamp of same serial number which were used for forging documents. The complainant came to now about the same when he obtained certified copies of the stamps and tallying with the stamp vendor.
3. The complaint was sent to the police station under Section 156(3) Cr. P.C. The police registered the case being FIR No. 78/2017 and after investigation, submitted FR
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.
Revision maintainable against dismissal of Section 156(3) CrPC application; prior police complaints evidenced by postal receipts satisfy precondition; forgery to obtain scheme benefits discloses cogn....
Forgery - Registration of FIR is not a proof of guilt of person against whom allegations are made in FIR - Police deserves to be allowed to conduct fair and impartial investigation into allegation of....
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....
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