| Citation(s) |
|---|
| 2026 SLD 3111 |
WRIT PETITION NO.3194 OF 2023
Presented By: (MUHAMMAD AZAM KHAN) JUDGE
Petitioner by : Dil Mohammad Khan Alizai, Advocate.
Respondents by : Mr. Muhammad Qadeer Hussain Advocate, for the
Respondent No.6. Mr. Tasawar Iqbal, State counsel. Mr. Turab S.I, P.S Golra Sharif, Islamabad. Date of hearing : 02.09.2025
MST. AYESHA
VS
INSPECTOR GENERAL OF POLICE (IG) ISLAMABAD ETC.
Law: Constitution of Pakistan 1973
Section: 199
Law: Code of Criminal Procedure, 1898
Section: 4(1)
Law: Telegraph Act, 1885
Section: 25-D
Law: Police Rules, 1934
Section: 24.7, 25
Tagline
A Magistrate may validly accept a police cancellation report where the complainant, despite due notice, fails to appear and the investigation discloses no incriminating material connecting the accused with the alleged offence.
Summary
The petitioner challenged the order of the Judicial Magistrate accepting the police Cancellation Report in an FIR registered under Section 25-D of the Telegraph Act, 1885, alleging that the respondent had threatened her through a telephone call.
The petitioner contended that the Magistrate accepted the cancellation report without hearing her and that the investigation was defective and contrary to the Code of Criminal Procedure and the Police Rules, 1934.