Citation Name: 2023 PCrLJ 372 LAHORE-HIGH-COURT-LAHOREBookmark this Case MADIHA AMMAD vs State Verification

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Citation Name: 2023 PCrLJ 372 LAHORE-HIGH-COURT-LAHOREBookmark this Case MADIHA AMMAD VS State Verification---Meaning. Citation Name: 2023 PCrLJ 372 LAHORE-HIGH-COURT-LAHOREBookmark this Case MADIHA AMMAD VS State S. 173---Police Rules, 1934, R. 24.7---High Court (Lahore) Rules and Orders, Vol-III, Part-D, Chapter 11---Constitution of Pakistan, Arts. 4 & 10-A---Criminal case, cancellation of---Complainant's right of hearing---Procedural fairness, principle of---Applicability---Petitioner was complainant of case cancelled without providing her an opportunity of hearing---Validity---Complainant of FIR had a right to know progress of case, unless authorities had a legitimate reason to keep information confidential---If authorities had gone for its cancellation, the complainant had right to be informed and heard by Magistrate---Complainant deserved such rights under Arts. 4 & 10 of the Constitution, which included concept of procedural fairness---Whether a cancellation report constituted an adverse order or not was irrelevant---Such was sacred duty of Magistrate to protect people's rights and was to apply his mind to the facts and circumstances of the case while deciding on cancellation report---Magistrate was to be honest, fair and just to both accused and prosecution---Magistrate should have considered the factors: (a) nature of allegations against accused, (b) evidence collected and (c) defense of accused and any evidence presented in support thereof---Magistrate should have thoroughly examined police diaries and had documented his reasoning---Magistrate treated cancellation report casually and non-chalantly---High Court set aside order of cancellation of case as the same was bereft of reasoning and did not reflect due application of mind and remanded the matter to the Magistrate for decision afresh---High Court directed police authorities to decide second change of investigation after obtaining opinion of Regional Standing Board in accordance with law---Constitutional petition was disposed of accordingly. Citation Name: 2023 PCrLJ 372 LAHORE-HIGH-COURT-LAHOREBookmark this Case MADIHA AMMAD VS State S. 4(l)---Investigation---Scope---Investigation is a vital component of criminal justice system and rule of law---Police must unearth the truth, collect all evidence available on indictable conduct and locate persons suspected of a violation.

Citation Name: 2023 PCrLJ 372 LAHORE-HIGH-COURT-LAHOREBookmark this Case MADIHA AMMAD vs State Verification — 2023 PCrLJ 372 LAHORE-HIGH-COURT-LAHORE

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