Law: Criminal Procedure Code (V of 1898)

Section: 22-A,561-A

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 561-A---Registration of case---Application for---Application filed by applicant under S.22-A, Cr.P.C. for registration of criminal case was allowed by Justice of Peace with the direction that in case the report of the applicant proved false, action against him could be taken under S.182, P.P.C.---In pursuance of order of Justice of Peace F.I.R. was registered---Police Officer after thorough inquiry and investigation found that no proper corroboration of the evidence of complainant, who was his own witness was available---Police Officer had also found that the complainant had contradicted himself and that independent witnesses of locality had not supported the occurrence in any manner---Police Officer in circumstances submitted report in `C class' before the Magistrate who, after examination of the whole material brought before him, accepted the report of Police Officer vide impugned order---Earlier to the present F.I.R., respondents had got registered F.I.R. against the brother and close relatives of the applicant, which was pending adjudication before competent court---Applicant, in circumstances had got recorded present F.I.R. just to create defence in that case which was registered against the brother and relatives of the applicant---Applicant had come forward to rescue his relatives by registration of present case, which subsequently proved false---It appeared that the evidence which had come on record would finally not result in conviction of respondents; and filing of the challan and proceedings with the case against accused/respondents would not bring fruitful attempt, but would be an abuse of the process of the court---Magistrate, after appraisal of whole evidence brought before him, had rightly accepted the report of Police Officer disposing of F.I.R. in `C class'---In absence of any infirmity and illegality in the order passed by the Magistrate, application filed by the applicant was dismissed. ORDER ARSHAD NOOR KHAN, J.-- By this application, the applicant has questioned the order, dated 25-8-2008 passed by the learned Judicial Magistrate, Ubauro whereby he has approved the report in "C" Class…

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