Law: Criminal Procedure Code (V of 1898)

Section: 154,176

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 147,149,452,506(i)

(a) Criminal Procedure Code (V of 1898)--- ----Part V [Ss.154-176]---Penal Code (XLV of 1860), Ss.452/506(i)/ 147/149---Constitution of Pakistan, Art.199---Constitutional petition---Information to police and their power to investigate---Request for withdrawal of cancellation report submitted by police---Scope and legality---Complainant (respondent) had registered an F.I.R. against accused (petitioner) and during course of investigation police found the complaint to be false---Police submitted cancellation report for the case and requested the Trial Court to keep the cancellation report pending before requesting for return of said report, which was allowed by the Trial Court---Validity---Trial Court had proceeded in the matter in a mechanical fashion and without adhering to the provisions of law---After receipt of cancellation report, it was mandatory for Trial Court to either award concurrence to the report or at otherwise---Trial Court had dealt with the matter by considering it one of civil nature instead of following procedure prescribed under Part V (sections 154 to 176), Cr.P.C. and Police Rules, 1934---Once cancellation report had been submitted by the police, it was left with no justification to keep it pending and subsequently requesting its withdrawal---By submission of cancellation report, a valuable right accrued in favour of the accused, which had been taken away without providing him an opportunity of hearing---Order of Trial Court allowing withdrawal of cancellation report, was an abuse of the process of law and was quashed in circumstances---Cancellation report was deemed to be pending before Trial Court, which was directed to either accord concurrence to it or act otherwise, after giving an opportunity of hearing to both sides---Constitutional petition was allowed. 1983 SCMR 370; PLD 1985 Crl 717(sic); NLR 1998 PCr.LJ 1187(sic); 1994 PCr.LJ 2371; 2000 PCr.LJ 520; 2005 YLR 1876; 2005 YLR 1939; PLD 1962 Lah. 405 and 2000 PCr.LJ 2016 rel. (b) Criminal Procedure Code (V of 1898)--- --Part V [Ss.154-176---Penal Code (XLV of 1860), Ss.452/506(i)/ 147/149---Constitution of Pakistan, Art.199---Constitutional petition---Request for withdrawal of…

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