Law: Criminal Procedure Code (V of 1898)

Section: 439

Criminal Procedure Code (V of 1898)---S. 439--Penal Code (XLV of 1860), Ss. 323 & 506--Revision against acquittal--Complainant making application to Police but asking them not to register case--Complainant on the other hand pursuing inquiry case against accused--Case registered against accused on completion of said inquiry--Conduct of complainant in stopping Police from registering case till completion of inquiry, held, was not reconcilable and created doubt about whole affair--Orders acquittal maintained in circumstances. ORDER Petitioner has come up in revision against the acquittal of the respondents. Raja Bashir Ahmad, Magistrate First Class, Chunian, on 23-4-1982 acquitted the respondents on the ground that there were contradictions in the statements of the witnesses of this case. 2. I have gone through the record. Admittedly after making the application to the police, petitioner asked them not to register the case till further information is given to them because a compromise was being effected. Eventually the case was registered much later. Before going into the merits of the facts, I would first like to examine the question of motive in this case. According to the complainant petitioner, he…

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