Law:

Section:

Penal Code (XLV of 1860)--- --------S. 324---Criminal Procedure Code (V of 1898), S.561-A---Attempt to commit qatl-i-amd---Application for quashing of order---Application for---Summary report submitted by Investigating Officer under 'B' class, having been accepted by Judicial Magistrate in "c" class, applicant had sought quashing of said order of Judicial Magistrate---Applicant and accused were real brothers, and dispute was between them over landed property---Alleged incident occurred at 3.30 p.m. near the outer gate of Sessions Court building; and at relevant time presence of general public, litigants and other advocates, could not be ruled out --------- Prosecution witness was real brother of accused and respondent but he was in league with the applicant; and was an interested witness; his statement could not be believed in the absence of corroboration of any independent evidence --------- Prudent mind would not accept that except prosecution witness, none else witnessed the incident, though the place of incident was situated on a main busy road; and surrounded by courts; shops, hotels, offices of advocates; and was residential as well as commercial area---Allegations of applicant were not supported by any independent witness of the vicinity---Applicant, did not approach the concerned Police Station insistently for the lodgment of FIR; and he remained busy in court proceedings of his different cases for two days---Such demeanour of applicant had not only created serious doubt regarding the commission of alleged incident, but invalidated the factum of occurrence---No empty was secured by the Investigating Officer from the spot, which was also fatal to the allegations levelled by applicant---Magistrate was obliged to examine the averments of FIR, statements under S.161, Cr.P.C., recorded during investigation, and final summary report submitted by Investigating Officer judiciously; and after affording adequate opportunity of hearing to complainant; should pass an appropriate order supported with sound reasons by exercising power envisaged under S.173, Cr.P.C., and procedure provided in R.47.7, Vol.III, Police Rules, 1934---Magistrate had afforded right of…

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