Cancellation report prepared by police in respect of FIR --- Agreement by the Magistrate --- Cancellation report was verified and forwarded by the DSP / SDPO , instead of Superintendent of Police concerned -

 PLD 2023 LAHORE 233

Cancellation report prepared by police in respect of FIR --- Agreement by the Magistrate --- Cancellation report was verified and forwarded by the DSP / SDPO , instead of Superintendent of Police concerned --- Legality --- Words used in R. 24.7 of Police Rules , 1934 , Superintendent shall send ' clearly indicated that it was mandatory and required due compliance --- Sending cancellation report under S. 173 , Cr.P.C. , through the Superintendent of Police concerned , was neither a formality nor that office was merely a post office , instead he must forward that cancellation report after applying his independent mind --- Magistrate passed the impugned order in sheer violation of principle of natural justice ( audi alteram partem ) in a slipshod manner --- Section 24 - A of General Clauses Act , 1897 , casts an affirmative duty upon Court / Authority / Forum to pass an order or judgment with reason by giving all the parties an opportunity to present their submissions ---

General Clauses Act 1897- S . 24-A

Exercise of power under enactments --- Scope --- Section 24 - A of General Clauses Act , 1897 , casts an affirmative duty upon Courts / Authority / Forum to pass an judgment with reason by giving all parties an opportunity to order or present their submission .