Col. (R) Khalil-Ur-Rehman vs Judicial Magistrate Sec-30 Ss — 2025 PCrLJ 1267 ISLAMABAD

Case information

Citation: 2025 PCrLJ 1267 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: PCRLJ
Parties: Col. (R) Khalil-Ur-Rehman vs Judicial Magistrate Sec-30 Ss
Subject matter: Criminal
Provisions referred to: S. 506---C; S. 173; 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

Col. (R) Khalil-Ur-Rehman VS Judicial Magistrate Sec-30 Ss. 154 & 173---Constitution of Pakistan, Art. 199---Constitutional petition---Police Rules, 1934, R. 24.7---Penal Code (XLV of 1860), S. 506---Criminal intimidation---Report of Police Officer---Cancellation of FIR---Due process---Scope---Petitioner assailed order passed by Judicial Magistrate whereby he had cancelled the FIR on the recommendation of the police---Validity---In the present case, the alleged occurrence took place on 27.01.2025 and FIR was registered on 29.01.2025---Cancellation report was prepared on 04.02.2025 and forwarded by the prosecution branch on 06.02.2025 to the Trial Court---Said case was fixed before the Judicial Magistrate for hearing on 08.02.2025 and on the same date on the basis of non-appearance of the complainant the Trial Court agreed with the cancellation report and passed the impugned order---Furthermore, the summons issued to the complainant was not duly served, resulting in the complainant's absence before the Court, however, instead of affording the complainant an opportunity to appear, the Court proceeded to pass the impugned order---Said aspect of the matter raised the question as to what urgency existed in the matter that prompted the concerned SHO to file the cancellation report and led the Court to pass the impugned order in such a hasty manners---Story indicated that the due process was not adopted by the Investigating Agency as well as by the Trial Court---Constitutional petition was allowed accordingly and impugned order passed by Judicial Magistrate was set-aside and matter was remanded to investigating agency of submission of fresh report under S.173, Cr.P.C.

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