EHSAN ULLAH CHAUDHRY vs State Ss — 2023 PLD 233 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 233 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: EHSAN ULLAH CHAUDHRY vs State Ss
Subject matter: Criminal
Provisions referred to: S. 24-A---C; S. 173; General Clauses Act (X of 1897); General Clauses Act

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

EHSAN ULLAH CHAUDHRY VS State Ss. 173, 169 & 190---Police Rules, 1934, R. 24.7---General Clauses Act (X of 1897), S.24-A---Cancellation report prepared by police in respect of FIR---Agreement by the Magistrate--- Cancellation report was verified and forwarded by the DSP/SDPO, instead of Superintendent of Police concerned---Legality---Words used in R. 24.7 of Police Rules, 1934, 'Superintendent shall send' clearly indicated that it was mandatory and required due compliance---Sending cancellation report under S. 173, Cr.P.C., through the Superintendent of Police concerned, was neither a formality nor that office was merely a post office, instead he must forward that cancellation report after applying his independent mind---Magistrate passed the impugned order in sheer violation of principle of natural justice ( audi alteram partem ) in a slipshod manner---Section 24-A of General Clauses Act, 1897, casts an affirmative duty upon Court/Authority/Forum to pass an order or judgment with reason by giving all the parties an opportunity to present their submissions---Petition was allowed and impugned order was set side.

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