- First Information Report in question was cancelled by investigating officer on the ground that complainant and witness failed to appear before him in support of the allegations -

 2023 MLD 1593

Cancellation report --- On the complaint of petitioner , FIR was registered against respondent alleging him of receiving illegal gratification --- First Information Report in question was cancelled by investigating officer on the ground that complainant and witness failed to appear before him in support of the allegations --- Validity --- Fair investigation is mandatory for fair trial which has been guaranteed by Art . 10 - A of the Constitution --- Cancellation report was prepared without concluding that allegation levelled in the case was established or not but merely on the ground that complainant and witnesses did not join investigation --- It was not mentioned in cancellation report that process for compelling attendance of petitioner and his witnesses through warrants , proclamation and attachment was issued and no proof was annexed in such regard --- Trial Court concurred with investigating officer without taking into consideration such failure of investigating officer --- High Court set aside order passed by Trial Court and remanded the matter for decision afresh on cancellation report filed by investigating officer --- Constitutional petition was allowed , in circumstances .