PRAVEEN GROVER Vs. CENTRAL BUREAU OF INVESTIGATION
HIGH COURT OF DELHI
SH.PRAVEEN GROVER S/O LATE K.L.GROVER
UNION OF INDIA,CENTRAL BUREAU OF INVESTIGATION
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V.B.GUPTA, J. -
(1.) Present petition under Section 397 Cr.P.C. has been filed by the petitioner challenging the impugned order dated 6th February, 2006 passed by Sh.S.K.Kaushik, Special Judge, New Delhi.
(2.) The above noted case was registered on the basis of complaint lodged by the present petitioner on 12th February, 2004 Thereafter, on 30th June, 2004 C.B.I., the respondent No.1 submitted a closure report. That closure report was accepted by the trial court vide impugned order, the relevant part of which reads as under:-
"I have considered the submissions of the Sr.P.P. for C.B.I. Mr.Mohd. Azad as well as heard I.O. Sl Som Nath Biswas and have gone through the charge sheet as well as documents. There is no necessity of notice to complainant as CBI is to file a complaint to prosecute the complainant Praveen Grover under Sections 182 and 417 of the IPC. In my considered view there is no material on record on the basis of which CBI can be directed to conduct further investigation of the case. Accordingly this court has no option but to accept the closure report. The closure report is, accordingly, accepted."
(3.) This order has been challenged by the petitioner on the grounds that the trial court while considering the closure report dated 30th June, 2004 has not opted to issue notice to the petitioner to put his case and clarify the authenticity of the averment made in the closure report and has committed glaring errors in the impugned order by not following the principle laid down by the Apex Court in Bhagwant Singh vs. Commissioner of Police and Anr. AIR 1985 SC 1285.;
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