livelawpk.com - Cancellation of FIR order by Magistrate

While Magistrate is Agreeing with the Cancellation Report of FIR; is not required to Provide Reasons for such Administrative Order, however he must act Fairly, Justly, and Honestly --- Lahore High Court

5 months, 3 weeks
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Islamabad 28-06-2024: In a significant ruling, the Lahore High Court dismissed a petition [W.P. No. 9158 of 2024] challenging a Magistrate's decision to accept a police case-cancellation report. The case revolved around allegations of fraud in a land sale agreement involving respondents No.4 to 6.

The petitioner claimed that the Magistrate had failed to properly notify him before agreeing with the police's recommendation, which was influenced by alleged police misconduct. The Court, however, found that the proper legal procedures had been followed. It was noted that the petitioner had been notified but did not appear in response.

Mr. Justice Muhammad Amjad Rafiq emphasized that while the Magistrate is not required to provide reasons for such administrative decisions, they must act fairly, justly, and honestly. The police investigation, which concluded that the dispute was civil rather than criminal, was found to be thorough and in compliance with the relevant laws and rules.

The Court highlighted that the petitioner still had the option to pursue alternative legal remedies, including initiating a private prosecution. The petition was therefore dismissed, upholding the Magistrate's order and validating the police’s recommendation to cancel the case.