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Criminal Revision No.320 of 1986, decided on 7th February,1987.
‑‑‑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.
Talib H. Rizvi for Petitioner.
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 made an application against the accused for an enquiry regarding some permits and in that matter Mr. Ansar Ahmad, Magistrate, was appointed as Enquiry Officer who after conducting the enquiry summoned the accused on 31‑3‑1982. This is a material contradiction which reflects on the conduct of the complainant because on one side, he is asking the police not to register the case but on the other hand he pursued hard the other case in which the enquiry against the accused was completed and, therefore, a case was also registered against them on 31‑3‑1982. This has created doubt about the prosecution case. Under the circumstances, his conduct in stopping the police from registering this case did not reconcile with his conduct in pursuing the other case against them. Since this case was not allowed to be registered by the complainant himself, it has created a doubt about the whole affair, therefore, I do not consider it a fit case to interfere with the order of acquittal. This petition is consequently dismissed in limine.
S.A./F‑8/L Acquittal maintained.
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