Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 173(3) & 561-A---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Cancellation of F.I.R.---Remedy---Jurisdiction of Magistrate---Doctrine of "res judicata" or "functus officio"--­Applicability---No specific provision exists in Criminal Procedure Code, 1898, under which question of cancellation of registered criminal case can be dealt with---Inherent powers have been given to Magistrate under 5.173(3), Cr.P.C., to cancel the case and the Magistrate is within his power to cancel the F.I.R.---Such order passed by Magistrate being administrative order is not hit by doctrine of "res judicata" or doctrine of "functus officio"---Both the doctrines are not to apply to prevent exercise of administrative power---Such administrative order can be challenged before High Court under 5.561-A, Cr.P.C. if same amounts to be an abuse of the process of Court. Bahadur and another v. The State PLD 1985 SC 62; Wazir v: The State PLD 1962 Lah. 405 and Reid and David in Administrative Law and Practice 2nd Edn. Canadian Legal Text Series at p.52 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Investigation of case after, submission of challan in Court--­Principles---Police Officer has jurisdiction to investigate a case in which F.I.R. has been registered under S.154, Cr.P.C. in respective book of police station---Such power of police officer continues even after submission of challan in Court. (c) Criminal Procedure Code (V of 1898)--- ----S. 173(3)---Police Rules, 1934, Vol. III, 8.47.7---Cancellation of F.I.R.---Procedure---Investigation after cancellation of F.I.R. by Magistrate--- Scope ---When after investigation, police submits a report to Magistrate for cancellation of the case and the Magistrate approves such report, then the Magistrate passes order for cancelling the F.I.R.---After passing of such order by Magistrate, the police cancels the F.I.R. as per 8.47.7, Vol. III of Police Rules, 1934 by putting cross lines with red ink on the F. I. R. available in the book maintained under 5.154, Cr.P.C.--­After cancelling the F.I.R. in red ink, there remains no F.I.R. pending on the file of…

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