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Mian ANSAR HAYAT vs State Ss — 2022 PCrLJ 1770 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1770 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
Mian ANSAR HAYAT vs State Ss
Subject matter
Criminal
Provisions referred to
S. 561-A; Penal Code (XLV of 1860)

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

Mian ANSAR HAYAT VS State Ss. 173 & 439---Penal Code (XLV of 1860), Ss. 506(ii), 427, 148 & 149---Criminal intimidation, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Cancellation report---Petitioner had lodged FIR under Ss. 506(ii), 427, 148 & 149, P.P.C., against respondents---Police, after investigating the matter, prepared a cancellation report and submitted the same before the Judicial Magistrate---Judicial Magistrate did not concur with the cancellation report---Respondent preferred a criminal revision petition against the decision of the Magistrate which was accepted---Validity---Judicial Magistrate in his capacity as such generally exercised judicial powers but often passed an order in his administrative capacity---Only the judicial orders passed by the Judicial Magistrate could be challenged through a criminal revision whereas the administrative orders since were not delivered as a criminal court thus were not revisable and their vires could be examined under S. 561-A Cr.P.C.---On the same premises, a distinguishing line is drawn in R. 2 of Chapter 11-D of High Court (Lahore) Rules and Orders through the use of words administrative and judicial orders---Order upon a cancellation report submitted by the police since was passed by the Judicial Magistrate not in reference to some express provision of Cr.P.C. rather in accordance with High Court (Lahore) Rules and Orders and Police Rules, 1934, thus, by no stretch could be termed as judicial in nature---Petition was accepted by setting-aside the order passed by revisional court, in circumstances.

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