' Through this writ petition order, dated 14-12-1996 passed by the Magistrate for cancellation of case registered vide F.I.R. No,288 of 1996 under section 382/452/148/149, P.P.C. And section 14 of Offences Against Property (Enforcement of Hudood) Ordinance No, VI of 1979, at Police Station Kot Momin, District Sargodha, on police report has been impugned on the ground that the learned Magistrate has passed this order in a mechanical manner without application of his independent judicial mind. Reliance has been placed on Mst. Amtul Mobin alias Mst. Mobin Karim v. Magistrate Illaqa South Cantt., Lahore 1991 PCr.LJ 1075.
2. I have considered the arguments of the learned counsel. It has been noticed that the accused persons named in the F.I.R. Have not been impleaded as party in the present writ petition. They are necessary party and passing an effective order in their absence may adversely affect their interest as they are actual beneficiaries of the impugned order and valuable right has been accrued in their favour. Although the order of discharge, being an administrative order, is not amenable in appeal or revision petition, yet there is no bar for filing of private complaint on the same facts by the complainant even before the same Court, if it has jurisdiction to try the matter, which is to be decided judicial proceedings. Reliance is placed upon Muhammad Sharif and 8 others v. The State 1997 SCM R 304; Arif Ali Khan and another v. The State and 6 others 1993 SCM R 187 and Bahadur and another v. The State and another PLD 1985 SC 62.
3. I am not inclined to proceed any further in the matt& in the absence of the necessary parties.
The petitioner/complainant, if so advised, may file a private complaint in the Court of competent jurisdiction, which if filed shall be decided within a period of six months from the date of its receipt.
' This petition stands disposed of accordingly.