M.M. Rai Khanna & Another vs State & Another on 31 August, 2010
10. I have already reproduced in nutshell the main allegations made
in the FIR. The allegations, if correct, it cannot be said do not disclose
commission of a cognizable offence which at least requires
investigation. I refrain from expressing any opinion or making
observations on merits of the allegation as this will cause prejudice to
the parties. It may be noted here that the police after investigation has
already filed a charge sheet before the court. Thus, the investigation has
concluded and the police has come to the conclusion that a charge sheet
should be filed and closure report has not been filed. Recently, in the
case of Satyendra Kumar Jain and Another versus State and
Another, Crl.M.C. No 5553-54/2006 decided on 1st July, 2010, it was
observed as under:-