Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss.169, 170 & 173---Cancellation of F.I.R.---Powers of Investigating Officer and Magistrate---Investigating Officer can dispose of F.I.R. as cancelled if he finds the same false, founded on mistake of law or a dispute of civil nature or untraceable, after taking all necessary steps to the best of his endeavour and ability, but order of cancellation of F.I.R. must be obtained from a Magistrate competent to take cognizance of the offence and to try the case, or to send the matter for trial to higher Court. Sufi Abdul Qadir v. The State and others 2000 PCr.LJ 520; Ghulam Shabbir v. The State 2000 PCr.LJ 1411; Sardar Muhammad v. Zaffar Javaid Awan and others PLJ 1996 Lah. 680 and Ashique Hussain v. Sessions Judge, Lodhran and 3 others, PLD 2001 Lah. 271 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss.169, 170 & 173---Disposal of F.I.R. as cancelled only by the Magistrate having jurisdiction to take cognizance of the offence---Magistrate who is not competent to take cognizance of an offence, cannot concur with the police report and cannot cancel such an F.I.R. Muhammad Zaffar Saleem v. The State, 2009 YLR 489; Abdul Qadir v. The State and others 2000 PCr.LJ 520; Ghulam Shabbir v. The State 2000 PCr.LJ 1411; Sardar Muhammad v. Zaffar Javaid Awan and others PLJ 1996 Lah. 680 and Ashique Hussain v. Sessions Judge, Lodhran and 3 others, PLD 2001 Lah. 271 ref. (c) Criminal Procedure Code (V of 1898)--- ----S.173---Report of police officer to be examined judicially by Magistrate---Magistrate while exercising his powers under S.173, Cr.P.C. does not Act in a mechanical manner---Order of Magistrate must show his application of mind, his opinion must be supported by reasons and his conclusion must be laced with evidence showing application of judicial mind---Despite all this, order passed by Magistrate is not a judicial order, but is an administrative order, however, it must be a judicious order. Bahadur and another v. The State and another PLD 1985 SC 62, Mushtaq Raj v. Magistrate 1st Class and others , 1994 PCr.LJ 497 and Abdur Rehman Bajwa v. Sultan and 9 others PLD 1981 SC 522 ref. (d) Criminal Procedure Code…