Muhammad Aslam Khan vs Judicial Magistrate Ss — 2024 MLD 1796 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 MLD 1796 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: MLD
Parties: Muhammad Aslam Khan vs Judicial Magistrate Ss
Subject matter: Criminal
Provisions referred to: 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

Muhammad Aslam Khan VS Judicial Magistrate Ss. 154 & 173---Police Rules, 1934, R. 24.7---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Cheating and dishonestly inducing delivery of property, forged document, using as genuine a forged document---Report of Police Officer---Cancellation of FIR---Scope---Petitioner assailed order passed by Magistrate whereby he had cancelled the FIR on the recommendation of the police---Validity---Police after thorough investigation recommended the case for cancellation while following the process mentioned in R. 24.7 of Police Rules, 1934---Magistrate while cancelling a 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 power---Allegedly, an application for change of investigation was filed well before the Magistrate agreed with the case-cancellation report---Police could validly take up such application for consideration and if it reaches the conclusion that there are grounds for change of investigation, Senior Police Officer can direct the concerned investigator to seek permission from the concerned Magistrate to reinvestigate the matter, and then Magistrate can pass appropriate order---If the permission is declined then cancellation report agreed by the Magistrate shall be deemed as final and complainant/petitioner is at liberty to recourse to alternate remedy by initiating a private prosecution---Constitution petition was disposed of.

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