' The facts leading to filing of this application are that a case under section 324/148/149, P.P.C. Was got registered by one Ghulam Abbas, brother of the petitioner with Police Station City Bhakkar, against the respondents. Local police after investigation submitted a report for cancellation of the case on 13-11-1993, on which the learned Magistrate discharged them the same day. In the present application the petitioner impugns the said order.
2. It was contended by learned counsel for the petitioner that the learned Magistrate did have the jurisdiction to discharge the accused on the application of the police but it was incumbent upon him to go through the file to satisfy himself. The contentions were opposed by learned counsel for the respondents.
3. I have heard the learned counsel and gone through the file. An application was submitted before the Magistrate stating that according to the investigation of the police the respondents were found innocent. The learned Magistrate on the said application simply recorded that as per request the respondents are discharged. This order to my mind should not have been passed. Learned Magistrate should, have at least examined the file before allowing the request of the police. If the order was to be passed in a mechanical manner, the police could have done it itself. The mere fact that in such a situation the case is brought before a Magistrate for orders means that he is required to examine the file and satisfy himself if the request of the police is genuine and justified on the basis of evidence collected. For these reasons the order, dated 13-11-1993 discharging the respondents is set aside. The police may, if it so likes, repeat the application and the concerned Magistrate shall pass an appropriate order after examining the file. The application is disposed of.