' This Constitutional petition has been filed to call in question the legality of the order dated 24-10- 1993 passed by the Ilaqa Magistrate, Sialkot, whereby, he ordered cancellation of the criminal case registered against respondents Nos. 3 to 5 vide F.I.R. No, 186 dated 4-7-1993 for offences under sections 337-F (ii)/34 of the Pakistan Penal Code at P.S. Sadar, Sialkot.
2. I have heard the learned counsel for the petitioner and respondents Nos. 3 to 5 at length. The impugned order appears to have been passed merely on the basis of the investigation reports of different police officers. Although, in the opening sentence of the order, the learned Magistrate has mentioned that he has perused the record, he does not appear to have independently considered the material on the record, particularly, the medico-legal report of the medical board and the statements of the eye-witnesses. He ought to have given reasons so as to indicate application of mind to the facts of the case. It was laid down by the Hon'ble Supreme Court in the case of Bahadur and another v. State and another PLD 1985 SC 62 that in cancelling a registered criminal case, a Magistrate is required to act judicially, in that, he has to act fairly, justly and honestly. In the case of Khalil A. Malik etc. v. Mian Aftab Sehgal etc. (ICA No,186-90, decided on 29-8-1990), it was held, "the three preconditions to act fairly, justly and honestly cast a duty on the Magistrate to apply his mind to the material placed before him and after duly considering the pros and cons of the matter, pass a speaking and well-reasoned order. He is not expected to put his signatures on the dotted line, or blindly ditto the report of the police signifying his lack of application of mind or giving the impression of being led by the nose by them".
3. Therefore, without going into the merits of the case, this petition is allowed, the impugned order is declared to be without lawful authority and of no legal effect. The learned Magistrate shall pass a fresh order in accordance with the law and the observations made in this order.
4. Since an order for cancellation of a criminal case is an administrative order, there is no obligation on the Magistrate to hear the parties or their learned counsel. However, if he so desires, he may give them a hearing for clarification of any question of law or fact involved in the case.