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" CANCELLATION OF CASE CANCELLATION OF CASE By Khadim Hussain Malik* (Rtd.) District and Sessions Judge, Lahore The Criminal Procedure Code does not provide in specific terms for the cancellation of a case. However, this question was considered and decided by the Full Bench of Lahore High Court in the case of Wazir v. State1. The facts of the case are that the police had presented an incomplete challan to the Magistrate for the purpose of trial. Before the Magistrate took any action on the challan the police sent another report recommending "discharge" of the accused. Acting on the subsequent report the Magistrate proceeded to discharge the accused. As there was only one accused the discharge order in fact amounted to cancellation of the case. In High Court, the question arose:- Whether after the police has sent a report under section 173 for the trial of a case and before any steps have been taken towards the commencement of the trial, the Magistrate can, on a second report by the police recommending cancellation, accept the second recommendation, and not proceed with the trial of the first challan?" There was an earlier decision by a Division Bench of Lahore High Court, Lahore in the case of Muhammad Nawaz v. The Crown involving similar proposition, wherein, it was observed that after receipt of challan the Court cannot discharge an accused by invoking the provisions of subsection (3) of section 173, Cr.P.C. without hearing of prosecution evidence; that this provision was applicable only if an accused had been released by the Police on his own bond under section 169, Cr.P.C. In view of that judgment, Hon'ble Mr. Justice M.R. Kayani C J referred the case to a Full Bench for answering the following specific propositions:-- (i) Whether when a challan is…