IO must inform complainant about cancellation report of case: LHC

LAHORE: The Lahore High Court has held that it is mandatory for an investigating officer to inform the complainant about the cancelation report of a case when he intends to close the investigation of the case.

The court passed this order in a petition of Ali Mansoor challenging the order of a magistrate who agreed with the cancellation report of a case registered by the Garden Town Police, Lahore.

The court set aside the impugned order of the magistrate and remanded the case back to the investigating agency for filing a fresh report and hoped that in future the investigating agency and prosecution shall comply with the mandatory provisions of law.

The court said Rule 24.7 of the Punjab Police Rules, 1934, envisages that no criminal case can be canceled without the order of a magistrate passed on a cancellation report duly submitted and forwarded by the concerned Superintendent of Police.

This precautionary measure has been provided in the rules to ensure fairness and impartiality in the investigation process, the court added.

The court observed that before parting with the judgment, it shall be appropriate to formulate the guidelines for the investigating agency, concerned prosecutors and magistrates regarding the preparation, forwarding and dealing with a cancellation report in connection with a criminal case.

The court said that the cancellation reports should reflect that the needful was done and the Punjab Police Rules were complied with in its letter and spirit. The court observed that the thumb impression of the complainant should also bear on the cancellation report of every criminal case forwarded by the concerned superintendent of police with his independent opinion to agree with the same. The court said the concerned prosecutor should not forward a cancellation report to the concerned magistrate if the same is not duly endorsed by the concerned superintendent of police.

The court said the concerned prosecutor should also forward the report after furnishing his independent opinion. The court said the magistrate concerned before adjudicating upon a cancellation report must issue notice to all the concerned to provide them an opportunity for a hearing to meet the requirement of the principle of natural justice.

The court said modern ways of communication should also be utilized to apprise the complainant regarding the closure of the investigation and its result. The court, therefore, directed the office to send a copy of this judgment to all the concerned for compliance.

Copyright Business Recorder, 2023