Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 173 --------- Penal Code (XLV of 1860), S. 319 --------- Qatl-i-Khata --------- Disposal of case under "C" class, instead of "B" --------- Petitioner, was aggrieved by order of Judicial Magistrate, whereby case against him was disposed of under "C" class --------- Police, could dispose of a case under either of the class "A", which had been defined as true case, but accused untraced; "B" class as maliciously false cases; and disposal under "C" class, would mean that case was neither true, nor maliciously false, or a non-cognizable offence --------- Contention of the petitioner was that case of respondent, should have been disposed in "B" class, so that the legal repercussions contemplated under the law to meet such situation could follow against the respondent --------- Dispute between the parties over tenancy of the house was not denied --------- Trial Court in an inquiry had held the respondent, responsible for causing eviction of the petitioners from the house by illegal method, which indicated that things were not normal between the parties; and they were to a certain extent inimical to each other --------- Determination of malice on the part of respondent to supply false information to the Police about death of his mother, to lodge a criminal case against the petitioner accusing him of that incident, was altogether a different exercise in the eyes of law; it had to be ascertained by examining all the facts reported by the complainant of the FIR --------- Contents of subject FIR had shown that mother of respondent, died due to an alleged shove to her by the petitioner in the heat of argument which caused (allegedly) some hidden head-injury to her --------- Evidence to that end was not found by the Investigating Officer; nor he inferred that such information was maliciously false; and was used against the petitioner to gain possession of house, and case was disposed of under "C" class --------- Death of mother of respondent at the hands of the petitioner, was reported to be a result of an accident; and not the result of premeditated conspiracy, or act on the part of the petitioner --------- Action…

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