Magistrate is empowered to cancel an FIR

5. There is no provision in the Code of Criminal Procedure, 1898 for the cancellation of an FIR, rather this is provided in Rule 24.7 of the Police Rules, 1934, according to which a Magistrate is empowered to cancel an FIR, if the Magistrate agrees with the cancellation report, forwarded to him by the Investigating Officer. A Magistrate, when passing an order for cancellation of an FIR, is not acting in his judicial capacity and the order passed by him is an administrative one. It has been held by the Hon’ble Supreme Court of Pakistan in “BAHADUR and another. v. THE STATE and another, PLD 1985 S.C 62” that though the Magistrate is not acting in his judicial capacity but still he is required to judicially examine the report under Section 173 Cr.P.C pending before him for his decision/approval to cancel or notcancel the FIR. 

Part of Judgment

THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT 

WP- Criminal Proceeding
10544-12

2015 LHC 6556