Law: Criminal Procedure Code (V of 1898)

Section: 439

Criminal Procedure Code (V of 1898) --- S. 439-Magistrate's order cancelling case on police report-Not a judicial order-Such order not .subject to revisional jurisdiction of High Court. Wazir v. State P L D 1962 Lah. 405 rel. Dharam Dev v. Emperor A I R 1938 Lah. 469; Sardara and others v. Mohd. Nawaz and others P L D 1949 Lah. 537 and Amir Ali .v. The State P L D 1968 Lah. 537 ref. M. Aslam Chatta for Appellant. JUDGMENT This is a petition for revision under section 439. Cr. P. C. against the orders dated 26th March 1969, of Mr. Akhtar Joseph, Magistrate Lahore, by which he agreeing with the report of the Police made under section 173, Cr. P. C. ordered the cancellation of the case reg1stered against the respondents under section 342, 347, 364 and 365/34, P. P. C. The grounds urged in this revision petition are that there was good ground for proceeding with the case and that the Magistrate's order cancelling the F. I. R. was not justified.' 2. It has been objected for the respondents that the impugned order dated 26-3-69 cancelling the case was not a judicial order and was not subject to the revisional jurisdiction, of this Court. Reliance is placed upon the Full Bench authority of this Court reported as Wazir v. The State (P L D 1962 Lah. 405) wherein it was held as follows:- "Where a Magistrate has cancelled a case there is no occasion for the Sessions Judge to hold that the accused has been dis…