Attempt to commit offence

High Court had directed the Trial Court to conclude the trial within a period of six months but despite lapse of about seven months the Trial Court had failed to comply with the direction

Perusal of order sheets of the Trial Court revealed that the witnesses had remained absent on seven dates of hearing

Only one adjournment was sought on behalf of the accused as his counsel was not present

Accused was arrested on 11-11-2018 and since then he was in judicial custody and despite framing of charge on 04-05-2019 as yet proceedings had not been concluded nor was there any reasonable probability of concluding trial in near future

Petition for grant of bail was allowed, in circumstances.

Both offences (abetment and attempt), would become cognizable only when the main offence (attempted or abetted) was cognizable

When there was no mention of any abetted or attempted offence, registration of case under Ss.511/109, P.P.C., was without lawful authority

Offences as alleged in the FIR, were not made out against accused and continuance of the proceedings in the case, would amount to abuse of the process of the court and would be futile exercise and wastage of time

No cognizable offence having been made out, same would constitute non-cognizable offence and in view of S.155(1), Cr.P.C., Police could forward the complaint to the concerned Magistrate, or applicant could file a private complaint against accused persons

If any investigation was required, that could be done by Police under subsection (2) of S.155, Cr.P.C., after obtaining permission of the competent Magistrate

Police had no power to arrest accused

FIR was quashed, in circumstances.

'Attempt', though had not been defined anywhere in the Penal Code, but to constitute an attempt, it was necessary that offender should take every step; and should do all that was necessary to commit the offence attempted

Offence would remain short of commission on account of some interruption from outside.

S. 411/414 read with S. 511-Attempt to commit offence-Punishment awarded cannot exceed one half of maximum provided by substantive offence-Maximum sentence under Ss. 411/414 : 3 years-Sentence of 2 years R. I. under Ss. 411/414 read with S. 511-Illegal.