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CHAPTER 11
Police
PART D -- CANCELLATION OF CASES
REPORTED BY POLICE
1. Magistrate's power to cancel cases reported by Police.--In regard to
cognizable cases reported by the Police to the Magistrate having jurisdiction under
section 157 and 173 of the Code of Criminal Procedure, it frequently becomes evident
either (a) that the offence committed was really non-cognizable, or (b) that the
information given to the Police was false or unfounded, and the Police apply for
magisterial authority to show such cases as "non-cognizable" or
"false" as the case may be. The Magistrate dealing with the Police reports in
such cases, that is, ordinarily, the Magistrate who is empowered to take cognizance of the
offence upon Police report, in respect of the particular Police Station, under section 159
or section 173 of the Code of Criminal Procedure, as the case may be, may, for sufficient
reasons, pass an order accordingly.
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[2. Duty of Magistrate to satisfy himself before passing order.-
When a Magistrate agrees with a Police report that the F.I.R./case should be cancelled, he
acts in an administrative and not in a judicial capacity and the order he makes is not a
judicial order. Such an order is not a revisable order and, therefore, the Magistrate is
not required to give reasons for his order.
Though, Magistrates should exercise this discretion freely in making such order after
satisfying themselves as to the grounds on which it is sought to be made, yet they should
not treat the matter as one of ordinary routine. (See Rule 24.7 of the Punjab Police
Rules, 1934 framed under section 46 of the Police Act, 1861 and Bahedu vs. The State PLD
1985 S.C. 62).]
3. Magistrate dealing with the final Police report is competent to pass order.--In
the event of the first and final report not coming before the same officer, the Magistrate
dealing with the final Police report would be competent to pass the order.
4. Order of cancellation when to be passed and by whom.--No Magistrate of the
2nd or 3rd class is competent to make such an order, but any Magistrate of the Ist class
may do so. Such an order should only be made at the time of dealing with the police
reports. No application from the Police for a direction of this character should be
entertained if made otherwise than in the final report submitted under section 173 of the
Code of Criminal Procedure. But any Magistrate of the Ist, 2nd or 3rd class, may, of his
own motion , in the course of trying any case reported by the Police as cognizable, pass
such an order at any stage of the proceedings, before or at the time of delivering
judgment, intimation of the order being given to the Police.
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