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" COURT LAYS THE LAW COURT LAYS THE LAW   By   Professor Masood Ahmed Abbasi, Advocate   In English system of `administration of justice' the Superior Courts are designed to read, discuss, consider, interpret and eventually lay the law on all intricate and ticklish pieces of legislation brought before them for adjudication, for the benefit of the society at large and the guidance of the litigant‑public and subordinate judiciary in particular. One of such classical judgments delivered by our Supreme Court, resolving the century‑old judicial controversy on the interpretation of section 154 read with section 173 of Chapter XIV of Criminal Procedure Code titled information to the police and their powers to investigate' comes to mind, under citation PLD 1985 SC 62.   What is the remedy available to the informer/complainant whose F.I.R. under section 154, Cr.P.C. after due investigation, is found false by the Police in their final report disposed of `B' class and accordingly cancelled with due sanction and approval of the Magistrate under section 173, Cr.P.C.? Whether the approval so given by the Magistrate is a judicial order amenable to revision by the High Court under sections 435 to 439, Cr.P.C., or an administrative order having attained finality for the purposes of judicial scrutiny and sub sequential remedy? Different and contradictory judicial views were expressed by different High Courts of British India, as well as Bharat and Pakistan., and no final authoritative guidance on this most crucial and intricate question of law of far‑reaching consequences, enjoying the sanction of Article 189 of the Constitution of Pakistan, was available to litigant‑public and the subordinate Judiciary for over a long period of time, till our…
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