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Petitioner: ABDUR REHMAN And 2 Others VS Respondent: SHABBIR HUSSAIN SHAIKH, A.S.P., JARANWALA And 2 Other
Court Name: Lahore High Court Judge(s): Irshad Hasan Khan Title:ABDUR REHMAN And 2 Others vs SHABBIR HUSSAIN SHAIKH, A.S.P.,
JARANWALA And 2 Other Case No.: Writ Petition No. 4915 of 1988 Date of Judgment:1988-12-11 Reported As: 1989 MLD 650 Result: petition is disposed of Judgment ORDER The grievance of the petitioner is that F.I.R. No. 181, dated 17-9-1988, under section 506/295, P.P.C. Was registered at Police Station Khurrianwala, District Faisalabad, against Muhammad Sharif Constable and his son Muhammad Javaid, on the written application submitted by the respectables of Chak No. 93/R.B. To the Ilaqa Magistrate. During the course of investigation, it was found that the offence under section 506, P.P.C. Was not applicable, so a challan was prepared under section 295, P.P.G. Later, the Deputy District f Attorney opined that the offence under section 295, P.P.C. Was also not applicable. In these circumstances, the police has cancelled the case. 2. Learned counsel for the petitioners contends that the police had no jurisdiction to cancel the case registered against the accused persons suo motu, but the F.I.R. And other papers ought to have been sent with the final report to the Magistrate who is to decide the matter in accordance with law. 3. Mr. Irfan Qadir, the learned Assistant Advocate-General, has stated that since the police officials are involved in this case, the interest of justice demands that before an order for cancellation of case is passed by the concerned Magistrate, notice be also given to the complainant. I am inclined to hold that this is an appropriate course in the circumstances of the present case. 4. In view of the above, I direct that the report of the police regarding cancellation of the F.I.R. m question be sent to the Ilaqa Magistrate concerned, who will hear the complainant before disposing of the matter en accordance with law. With these observations, the writ petition is disposed of. SA./A-532/LDirection issued