Pakistani case law library
Pak Law GPT gives lawyers, students and litigants access to reported Pakistani judgments in Urdu and English. Every judgment below is published from our case-law database with its original reported text, so you can read the citation and the judgment content directly.
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Reported judgments28,856 records
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Ss. 302, 324, 337-a, 337-D, 337-F, 147 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---appreciation of evidence---Motive was proved---Scope---accused were charged for making indiscriminate…
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Site plan---Scope---Site plan is not substantive piece of evidence---Mere omission of the position of eye-witnesses in the site plan will not taint the prosecution case.
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Ss. 302, 324, 147 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Ocular account was in line with the medical evidence---Accused were charged for making indiscrim…
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State S. 154---First Information Report---Delay in lodging FIR---Scope---Delay by itself in registering the FIR was immaterial---Delay would only be material when there is doubt regarding identity of accused.
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Witness---Related and interested witness---Testimony of related and interested witness---Reliance---Scope---Mere relationship of witness with deceased is no ground to discredit the evidence.
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Ss. 302, 324, 147 & 149---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Delay of about two days in recording the statement…
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Witness---Witnesses, number of---Scope---Conviction could not be based on quantity rather quality of statement of witness---Conviction could be based on lone statement of truthful witness.
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State S. 149---Unlawful assembly, members of---Culpability---Scope---Proof of specific overt act is not necessary while determining the guilt of accused being member of unlawful assembly---If the prosecution is able to establi…
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Ss. 302, 324, 147 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Delay of about one hour and forty five minutes in lodging the FIR---Effect---Accused were charge…
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Recovery---Recovery of crime weapon and casing---Scope---Recovery of crime weapon and casing is not mandatory requirement of law same being corroborative piece of evidence.
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Witness---Statement of witness not named in the FIR---Scope---If the eye-witness was not named in the FIR, his statement could not be discarded on such score alone.
2021 PCrLJ 1032 QUETTA-HIGH-COURT-BALOCHISTAN
MIRWISE VS MOHIB-UR-REHMAN, SI/SHO POLICE STATION SADDAR, LORALAI S. 8---Determination of age---Scope---When controversy regarding the age of an accused cannot be settled through documentary evidence and the medical opinion due to differenc…
2021 PCrLJ 1032 QUETTA-HIGH-COURT-BALOCHISTAN
MIRWISE VS MOHIB-UR-REHMAN, SI/SHO POLICE STATION SADDAR, LORALAI S. 8--- age, determination of--- Contradictory documents---Constitution of Medical Board---Scope---accused assailed the dismissal of his application whereby he had sought det…
2021 PCrLJ 1032 QUETTA-HIGH-COURT-BALOCHISTAN
MIRWISE VS MOHIB-UR-REHMAN, SI/SHO POLICE STATION SADDAR, LORALAI S. 8---Determination of age---Scope---Section 8 of the Juvenile Justice System Act, 2018 provides that the court should hold an inquiry when it is confronted with a question…
2021 PCrLJ 1079 QUETTA-HIGH-COURT-BALOCHISTAN
HAYATULLAH VS DEPUTY INSPECTOR GENERAL OF BALOCHISTAN POLICE, QUETTA Ss. 157 & 154---Information in cognizable cases---Procedure where cognizable offence suspected---Scope---Section 157, Cr.P.C. comes into play when the matter has been init…
2021 PCrLJ 1079 QUETTA-HIGH-COURT-BALOCHISTAN
HAYATULLAH VS DEPUTY INSPECTOR GENERAL OF BALOCHISTAN POLICE, QUETTA Ss. 157, 156 & 154---Information in cognizable cases---Investigation into cognizable cases---Procedure where cognizable cases suspected---Scope---Procedure to be adopted b…
2021 PCrLJ 1079 QUETTA-HIGH-COURT-BALOCHISTAN
HAYATULLAH VS DEPUTY INSPECTOR GENERAL OF BALOCHISTAN POLICE, QUETTA S. 561-a---Inherent powers of High Court---Quashing of FIR---Eventualities mentioned.
2021 PCrLJ 1079 QUETTA-HIGH-COURT-BALOCHISTAN
HAYATULLAH VS DEPUTY INSPECTOR GENERAL OF BALOCHISTAN POLICE, QUETTA S. 561-a---Constitution of Pakistan, art. 199---Constitutional jurisdiction and inherent powers of High Court---Scope---Quashing of FIR---Scope---High Court does not inter…
2021 PCrLJ 1079 QUETTA-HIGH-COURT-BALOCHISTAN
HAYATULLAH VS DEPUTY INSPECTOR GENERAL OF BALOCHISTAN POLICE, QUETTA Ss. 157, 156 & 154---Information in cognizable cases---Investigation into cognizable cases---Procedure where cognizable cases suspected---Scope---Provisions of S. 157, Cr.…
2021 PCrLJ 1079 QUETTA-HIGH-COURT-BALOCHISTAN
HAYATULLAH VS DEPUTY INSPECTOR GENERAL OF BALOCHISTAN POLICE, QUETTA S. 154---Information in cognizable cases---Scope---Section 154, Cr.P.C., casts a statutory duty upon the Officer-in-Charge of Police Station to enter information regarding…
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Judicial confession---Retraction---Scope---Retracted confession, if corroborated by independent evidence of reliable nature, could be made basis for conviction.
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Circumstantial evidence---Scope---Conviction could be based on circumstantial evidence, if the same was corroborated by other piece of evidence which maintained complete chain of circumstances directly relatable to eac…
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Witness---Improvement statement---Effect---If a witness had made improvement to strengthen the case of prosecution, which is found to be deliberate and dishonest, the same would cause serious doubt on the veracity of s…
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay in sending the weapon and casing for analysis---Scope---Accused was charged that he and co-accused committed murder o…
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Benefit of doubt---Principle---If there is a single circumstance which creates reasonable doubt in the prosecution case, the benefit of the same will go to the accused---Mistake in releasing a criminal is better than p…
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State S. 164---Confessional statement---Delay in recording confessional statement---Effect---Confessional statement recorded with a delay of thirteen days of arrest of the accused---Such delay would have no legal consequence…
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Recovery of weapon/empties from place of occurrence on pointation of the accused---Scope---Mere recovery of weapon/empties from place of occurrence on pointation of the accused alone was not sufficient for conviction.
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon, casing, dead bodies and motor cycle were made on the disclosure of accused---Reliance---Scope---Accused…
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged that he and co-accused committed murder of the son of the complainant and his friend by firing---Record…
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Evidence---Corroboration---Principle---One tainted piece of evidence could not corroborate another tainted piece of evidence.
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
QADIR BAKHSH VS State Chemical Examiner, report of---Scope---Mere sending of blood-stained material to Chemical Examiner would not serve the purpose of prosecution unless the report indicated that it was human blood and was of the same grou…
2021 PCrLJ 1230 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD SIDDIQUE alias QURBAN ALI VS State Ss. 397 & 561-a---Sentence on offender already sentenced for another offence---Inherent powers of High Court---Scope---applicant prayed that three years' sentence awarded to him be ordered to run…
2021 PCrLJ 1342 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ESSA ROOSHAN VS State Where a particular thing is required to be done in a particular manner then it should be done in that manner or it should not be done at all.
2021 PCrLJ 1342 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ESSA ROOSHAN VS State S. 561-a---Penal Code (XLV of 1860), Ss. 196, 153-a, 123-a & 124-a---Inherent powers of High Court---Quashing of FIR---Scope---Prosecution for offences against the State---Condemnation of the creation of the S…
2021 PCrLJ 1342 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ESSA ROOSHAN VS State S. 561-a---Inherent powers of High Court---Scope---Inherent powers under S. 561-a, Cr.P.C. are rarely and sparingly invoked, only in the interest of justice, so as to redress grievances for which, considering…
2021 PCrLJ 1390 QUETTA-HIGH-COURT-BALOCHISTAN
GHULAM DASTAGIR alias DODO VS State art. 45---President's power to grant pardon---Special remissions in sentence---Notification providing that remissions were not available to prisoners convicted of heinous crimes (murder, espionage, etc.)-…
2021 PCrLJ 1420 QUETTA-HIGH-COURT-BALOCHISTAN
CHAIRMAN NAB through Prosecutor General Accountability, NAB HQ Shahrah-e-Jumhuriat, G-5/I, Islamabad VS ZAHOOR TAJ S. 9(a)(vi)---Criminal Procedure Code (V of 1898), Ss. 245, 249-A & 265-K---Misuse of authority---Appeal against acquittal---…
2021 PCrLJ 1455 QUETTA-HIGH-COURT-BALOCHISTAN
Syed YASEEN SHAH VS State S. 561-a--- Inherent powers of High Court--- Quashing of proceedings---Scope---Exercise of powers under S. 561-a, Cr.P.C. amounts to depriving the prosecution an opportunity to prove guilt of the accused---Section…
2021 PCrLJ 1455 QUETTA-HIGH-COURT-BALOCHISTAN
Syed YASEEN SHAH VS State art. 199---Criminal Procedure Code (V of 1898), S. 561-a---Constitutional petition---Quashing of FIR---alternate remedy, availability of---Submission of challan---Effect---Petitioner sought quashing of FIR wherein…
2021 PCrLJ 1476 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IBRAHIM VS MERA JAN Ss. 3, 4 & 5---Prevention of illegal possession of property---Cognizance of offence---Investigation and procedure---Scope---Petitioner filed a complaint under Ss. 3, 4 & 5 of Illegal Dispossession Act, 2005, wit…
2021 PCrLJ 1538 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL HAKEEM VS State Ss. 302 (b) & 324---Qatl-i-amd and attempt to Qatl-i-amd---Appreciation of evidence---Maxim falsus in uno Falsus in omnibus---Applicability---Six accused persons were nominated in FIR for committing indiscriminate firi…
2021 PCrLJ 1570 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD NASEEM VS STATION HOUSE OFFICER, POLICE STATION ZARGHOOM ABAD, QUETTA Ss. 325, 420, 500 & 182---Criminal Procedure Code (V of 1898), Ss. 195(1)(b) & 561-A---Attempt to commit suicide, cheating, defamation and giving false evidence-…
2021 PCrLJ 1570 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD NASEEM VS STATION HOUSE OFFICER, POLICE STATION ZARGHOOM ABAD, QUETTA Ss. 190 & 195---Cognizance of offence---Principle---General rule has been laid down in S. 190, Cr.P.C. that any person can set criminal law in motion---Provision…
2021 PCrLJ 1598 QUETTA-HIGH-COURT-BALOCHISTAN
RAKHSHANDA JAMAL VS SHAHID-UL-HASSAN S. 173---Report of police officer---Re-investigation---Scope---No bar exists for re-investigation of a criminal case even after submission of a final report under S. 173, Cr.P.C.; however, re-investigati…
2021 PCrLJ 1598 QUETTA-HIGH-COURT-BALOCHISTAN
RAKHSHANDA JAMAL VS SHAHID-UL-HASSAN Ss. 22-a & 22-B---Powers of Ex-officio Justice of Peace---Scope---Change of investigation---Scope---Petitioner assailed the dismissal of her application under S. 22-a(6)(ii), Cr.P.C., for transfer of inv…
2021 PCrLJ 1598 QUETTA-HIGH-COURT-BALOCHISTAN
RAKHSHANDA JAMAL VS SHAHID-UL-HASSAN Ss. 22-a & 22-B---Powers of Ex-officio Justice of Peace---Scope---Sections 22-a & 22-B, Cr.P.C. provide a remedy to the citizens at their door steps against the highhandedness of the police, if they fail…
2021 PCrLJ 1598 QUETTA-HIGH-COURT-BALOCHISTAN
RAKHSHANDA JAMAL VS SHAHID-UL-HASSAN art. 199---Constitutional jurisdiction---Discretionary and equitable relief---Scope---Jurisdiction under art. 199 of the Constitution is not only discretionary but also equitable---Such exercise of discr…
2021 PCrLJ 1638 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD OWAIS VS AAWAL KHAN Ss. 561-a, 156(3), 174 & 176---Order for exhumation of dead body---Quashing of order, petition for---Petitioner, who was brother of the deceased, had sought quashing of order passed by the Judicial Magistrate, o…
2021 PCrLJ 1700 QUETTA-HIGH-COURT-BALOCHISTAN
TARIQ AZIZ VS State S. 345---Penal Code (XLV of 1860), Ss. 302 & 305---Qatl-i-amd and Wali---Compounding of offence---Muslim personal law---Wali of unmarried deceased---Scope---Petitioner/convict assailed order passed by Sessions Judge wher…
2021 PCrLJ 1729 QUETTA-HIGH-COURT-BALOCHISTAN
NOZO VS State S. 154---First Information Report---Prompt registration of FIR---Object--- Main object of prompt registration of the FIR is to rule out the possibility of deliberation and consultation and inquiry---Element of delay in lodging…
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