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BILAL AHMED vs State S — 2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PCRLJ
Parties
BILAL AHMED vs State S
Subject matter
Criminal
Provisions referred to
S. 173---R; S. 173

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BILAL AHMED VS State S. 173---Report of police officer---Powers of Magistrate---Scope---Magistrate in cancelling a registered criminal case is required to act judicially, in that he has to act fairly, justly and honestly, a duty common to the exercise of all state powers, there is no lis before him, there is no duty to hear the parties, there is no decision given, no finality or irrevocability attaching to the order---Party is left free to institute a complaint on the same facts and the same Magistrate does not even after passing such an order render himself to be funtcus officio---Magistrate, on the contrary, is quite competent to entertain and deal with such a complaint on material presented to him---Such peculiarities establish beyond doubt that in so concurring with a report submitted under S. 173, Cr.P.C. Magistrate does not function as a criminal court.

Other judgments reported in 2021 PCRLJ

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