Law: Criminal Procedure Code (V of 1898)

Section: 4(f)

Law: Constitution of Pakistan, 1973

Section: 173

Law: Police Rules, 1934

Section: 24.7

Law: Constitution of Pakistan, 1973

Section: 4,10-A

(a) Criminal Procedure Code (V of 1898)--- ----S. 4(l)---Investigation---Scope---Investigation is a vital component of criminal justice system and rule of law---Police must unearth the truth, collect all evidence available on indictable conduct and locate persons suspected of a violation. (b) Words and phrases--- ----Verification---Meaning. P. Ramanatha Aiyar’s Advanced Law Lexicon Dictionary (4th Edition, Vol.4); Words and Phrases (Permanent Edition, Volume 44, p.251); Concise Oxford Dictionary and Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 173---Police Rules, 1934, R. 24.7---High Court (Lahore) Rules and Orders, Vol-III, Part-D, Chapter 11---Constitution of Pakistan, Arts. 4, 10-A---Criminal case, cancellation of---Complainant’s right of hearing---Procedural fairness, principle of---Applicability---Petitioner was complainant of case cancelled without providing her an opportunity of hearing---Validity---Complainant of FIR had a right to know progress of case, unless authorities had a legitimate reason to keep information confidential---If authorities had gone for its cancellation, the complainant had right to be informed and heard by Magistrate---Complainant deserved such rights under Arts. 4, 10 of the Constitution, which included concept of procedural fairness---Whether a cancellation report constituted an adverse order or not was irrelevant---Such was sacred duty of Magistrate to protect people’s rights and was to apply his mind to the facts and circumstances of the case while deciding on cancellation report---Magistrate was to be honest, fair and just to both accused and prosecution---Magistrate should have considered the factors: (a) nature of allegations against accused, (b) evidence collected and (c) defense of…

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