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Rana & Riaz Law Chamber, Abbottabad (2026)

03/02/2024

2024 SCMR 205
فوجداری مقدمات میں ضمانت کے سٹیج پر جرم کے بابت فوٹوگرافی یا وڈیوگرافی کی جب تک لیبارٹری رپورٹ ریکارڈ پر موجود نا ہو تو ایسی فوٹو/فوٹیج کی قانونی حیثیت واہمیت نہیں ہوتی ہے
Bail, grant of---Photographs allegedly connecting the petitioner with the commission of the crime---Nothing is available on record to show that said photographs were ever sent for forensic examination, therefore, it is unsafe to rely upon the same as a piece of evidence in a court of law.

SATTAR vs State

16/09/2023

کسی بھی قانون کو پڑھنے سے پہلے ان الفاظ کو سمجھیں ، اگر ان الفاظ کی سمجھ آگئی تو آپکو کوئی بھی قانون آسانی سے سمجھ اجائے گا۔

سب سے پہلے جو تقریباً ہر قانون میں آتی ہے وہ ہے

𝐍𝐨𝐭𝐰𝐢𝐭𝐡𝐬𝐭𝐚𝐧𝐝𝐢𝐧𝐠 𝐚𝐧𝐲𝐭𝐡𝐢𝐧𝐠 𝐜𝐨𝐧𝐭𝐚𝐢𝐧𝐞𝐝 𝐢𝐧 𝐭𝐡𝐢𝐬 𝐀𝐜𝐭 𝐨𝐫 𝐚𝐧𝐲 𝐨𝐭𝐡𝐞𝐫 𝐥𝐚𝐰 𝐟𝐨𝐫 𝐭𝐢𝐦𝐞 𝐛𝐞𝐢𝐧𝐠 𝐢𝐧 𝐅𝐨𝐫𝐜𝐞

اسکو Non abstanti Clause بھی کہتے ہیں.
اسکا مطلب ہے کہ جب بھی کسی بھی قانون کے کسی بھی سکیشن کے ساتھ یہ Clause آجائے تو اس کلاز کے بعد والے الفاظ کو پہلے کیے گئے باتوں کو یا کسی اور قانون میں اس چیز پر بات ہوئی ہو تو اسکو ترجیح دی جائے گی۔۔۔

مثال کے طور پر

اگر کہیں لکھا ہے کہ
Ali will teach Math,
یا
Ali will also reach biology.
پھر لکھا ہے

𝐍𝐨𝐭𝐰𝐢𝐭𝐡𝐬𝐭𝐚𝐧𝐝𝐢𝐧𝐠 𝐚𝐧𝐲𝐭𝐡𝐢𝐧𝐠 𝐜𝐨𝐧𝐭𝐚𝐢𝐧𝐞𝐝 𝐢𝐧 𝐭𝐡𝐢𝐬 𝐀𝐜𝐭 𝐨𝐫 𝐚𝐧𝐲 𝐨𝐭𝐡𝐞𝐫 𝐥𝐚𝐰 𝐟𝐨𝐫 𝐭𝐢𝐦𝐞 𝐛𝐞𝐢𝐧𝐠 𝐢𝐧 𝐅𝐨𝐫𝐜𝐞 , Ali will teach Law.
تو مطلب کیا ہوا ،
کہ بے شک لکھا گیا ہو کہ علی میتھ پڑھائے گا ، علی بیالوجی پڑھائے گا لیکن جو Notwithstanding anything کے بعد لکھا گیا ہو اسکو فوقیت اور ترجیحی دی جائے گی ان تمام باتوں پر جو اس علی کے بارے میں پہلے کی گئی ہوں گی۔۔۔۔۔
مطلب یہ ہوا ک چاہے علی بیالوجی پڑھتا ہے
مگر یہاں یہ بات prevail کرے گی کہ علیLAW ہی پڑھائے گا۔

اب دوسرا فقرا جو کہ تقریباً ہر قانون میں کہیں نہ کہیں ملتا ہے آپکو جوکہ یہ ہے
𝐒𝐚𝐯𝐞 𝐚𝐬 𝐨𝐭𝐡𝐞𝐫𝐰𝐢𝐬𝐞 𝐞𝐱𝐩𝐫𝐞𝐬𝐬𝐥𝐲 𝐩𝐫𝐨𝐯𝐢𝐝𝐞𝐝٫ means

this law will be effective unless, in a given circumstance, some other existing law directly prescribes a different result.
یعنی یہ قانون اس وقت تک موثر رہے گا، جب تک کہ کسی مخصوص صورت حال میں، کوئی دوسرا موجودہ قانون براہ راست کوئی مختلف نتیجہ پیش نہ کرے۔
مثال کے طور پر اگر کہیں لکھا ہے کہ

Ali will teach Labour law at some institute.
پھر کہیں لکھا ہے کہ
Ali will teach Contract law at some institute
پھر کہیں اور لکھا ہے کہ
𝐒𝐚𝐯𝐞 𝐚𝐬 𝐨𝐭𝐡𝐞𝐫𝐰𝐢𝐬𝐞 𝐞𝐱𝐩𝐫𝐞𝐬𝐬𝐥𝐲 𝐩𝐫𝐨𝐯𝐢𝐝𝐞𝐝, Ali will teach Constitutional law at Punjab university.

مطلب کیا ہوا کہ علی کے بارے میں پہلے جو کچھ بیان ہوا ہے وہ بھی رہے گا، اور اس کلاز (𝐒𝐚𝐯𝐞 𝐚𝐬 𝐨𝐭𝐡𝐞𝐫𝐰𝐢𝐬𝐞 𝐞𝐱𝐩𝐫𝐞𝐬𝐬𝐥𝐲 𝐩𝐫𝐨𝐯𝐢𝐝𝐞𝐝) کے بعد جو بیان ہوا ہے وہ بھی رہے گا، یعنی save as otherwise provided
کے بعد والے الفاظ کو فوقیت حاصل نہیں ہوگی۔۔۔

15/08/2023

2022 PCrLJ 203
Court constituted under PECA, 2016 cannot try offences of PPC. As per section 26 of General Clauses Act, 1897, an offence falling under two definitions of different laws shall be tried separately. Unlike section 17 read with Section 21-M of Antiterrorism Act, 1997, there is no specific provision for holding joint trial in PECA. As per Section 50 of PECA, Provisions of this Act shall have effect not in derogation of Pakistan Penal Code or any other laws; which means, if similar offence under PPC and PECA is committed then offender shall be charged under PECA only. Offender is usually charged with offence only under special law which has an effect on any other law for the time being in force; like CNSA, offender is charged under section 9 of CNSA and not under Article 3 or 4 of Prohibition (Enforcement of Hadd) Order, 1979. Some personal offences like Cyber Stalking, Spamming or Spoofing would only be tried independently under PECA even if they are offences under any other law because provisions of PECA shall have effect on other laws and no charge under other laws shall be part of trial in the court constituted under PECA. Similarly, if different offences under different laws are committed in the same transaction; joint trial by one court is prohibited unless there is a provision of holding joint trial in that law. For instance, if an offender is apprehended on the spot for committing robbery; on his personal search, Pistol and Narcotics are also recovered; trial for possession of unlicensed pistol and Narcotics shall not be held in one court, rather by different courts. Similarly, offences under PPC, if are committed through use of an information system shall be tried by the ordinary court and not by Court constituted under PECA; if such acts are committed through unauthorized access to information system, then main offence shall be tried by the ordinary court and offence of unauthorized access shall be tried by court under PECA.

22/05/2023

یہ قانون کا اصول ہے کہ جب ایک بار عدالت اس نتیجے پر پہنچ جائے کہ ضمانت قبل از گرفتاری خارج ہونے کی صورت میں ملزم بعد از گرفتاری ضمانت پر رہائی کاحقدار بن جائے گا تو اسے جیل بھیجنا محض ایک فضول مشق ہو گی۔
Very important
2023 pcrlj 517
2021 SCMR 130
1986 SCMR1380),
PLD 2017 SC730)
It is well he settled principle of law that once Court reaches at the conclusion that in case of dismissal of pre-arrest bail the accused would become entitle for his release on post-arrest bail then it would be a mere futile exercise to send him to prison.

07/09/2022

-e-Shahadat (10 of 1984)--- Art. 164 Production of evidence that has become available because of modern devices, etc.---Short messaging service ("SMS"), proof and admissibility of ---Scope---SMS was covered by Art. 164 of Qanun-e- Shahadat and was admissible to prove a fact subject to the conditions that fact sought to be proved was relevant (meaning that it must be of consequence to determination of a case); that text was not a hearsay; and that its authenticity was duly established at trial--Even if a defendant's name was on a text message, there may be situations in which it may be necessary for a party to prove some "confirming circumstances" to demonstrate authorship of a text message / SMS.
2021 MLD 1415
KLR 2015 CrC 190

Qanun-e-Shahadat (10 of 1984)--- Art. 164 Production of evidence that has become available because of modern devices, etc.---Short messaging service ("SMS"), proof and admissibility of ---Scope---SMS was covered by Art. 164 of Qanun-e- Shahadat and was admissible to prove a fact subject to the conditions that fact sought to be proved was relevant (meaning that it must be of consequence to determination of a case); that text was not a hearsay; and that its authenticity was duly established at trial--Even if a defendant's name was on a text message, there may be situations in which it may be necessary for a party to prove some "confirming circumstances" to demonstrate authorship of a text message / SMS.
2021 MLD 1415
KLR 2015 CrC 190

30/08/2022

An Ad interim relief dated 29.8.2022 by Hon'ble Lahore High Court Rawalpindi Bench directing WAPDA to issue revised bills after removing Fuel price adjustment from petitioners bills. After final decision the judgment will be in rem.

29/08/2022

دیت کی قیمت سال 33-2022

مالی سال 23 -2022 کیلئے دیت کی رقم مبلغ 4,318,524 روپے مقرر کی گئی ہے.

28/08/2022

Nothing was articulated to allege that the employee by hook and crook managed their appointments or committed any misrepresentation or fraud or their appointments were made on political consideration or motivation or they were not eligible or not local residents of the district advertised for inviting applications for the job---Despite that, an omnibus order was issued by the DIG Police for cancellation of appointments without disclosing any reason for cancellation or withdrawal and without issuing any show cause notice or providing any opportunity of audience to the respondents---Appointing authority had, therefore, violated the principle of natural justice and due process---employees were appointed after fulfilling codal formalities which created vested rights in their favour that could not have been withdrawn or cancelled in a perfunctory manner on mere presupposition and or conjecture which was clearly hit by the doctrine of locus poenitentiae---Supreme court observed that some strenuous action should have been taken against persons involved in the selection and appointment process who allegedly violated the rules rather than accusing or blaming the low paid poor employees of downtrodden areas who were appointed after due process in BPS-1 for their livelihood and to support their families

25/08/2022

ضمانت قبل از گرفتاری کی رعایت ایک غیر معمولی ریلیف کے طور پر دی جانی چاہیے تاکہ معصوم افراد کو پولیس کے ہاتھوں قانون کے غلط استعمال کے ذریعے اذیت اور تذلیل سے بچایا جا سکے۔ بصورت دیگر، اگر کسی ملزم کے پاس صرف شکایت کنندہ کی خواہش پر بعد از گرفتاری ضمانت کے لیے اچھا کیس ہے، تو اسے قبل از گرفتاری ضمانت کی درخواست خارج کر کے چند دنوں کے لیے سلاخوں کے پیچھے نہیں بھیجا جا سکتا۔
2022 PCrLJ 1254
The concession of pre-arrest bail being an extra ordinary relief is to be granted to protect the innocent persons from the victimization and humiliation at the hands of police through abuse of law for ulterior motive. Even otherwise, if an accused person has a good case for post arrest bail mere at the wish of complainant, he cannot be sent behind the bars for few days by dismissing his application for pre-arrest bail.

2022 PCr.LJ 1254
Threat simpliciter doesn't establish criminal intimidation except if it is proposed to cause or causes an individual or any one in whom he is intrigued to do any demonstration which he lawfully will undoubtedly do, or to discard to do any demonstration which that individual is legitimately qualified for do, as the method for keeping away from ex*****on of such danger.

11/06/2022

چالان زیر دفعہ 512 ض ف کی قانونی حیثیت کیا ہے۔512 ض ف میں ملزم کونسے قانونی حقوق سے محروم ہو سکتا ہے۔ 512 جرم ہے یا ضابطہ کا طریقہ کار ہے۔اس کے بارے میں لاہور ہائیکورٹ کا تاریخی فیصلہ
PLJ 2022 Lahore 268

These are the settled principles of law that the courts can interpret the provisions of law but cannot change or substitute such provisions and also cannot go beyond the wisdom of law; when spoken about judicial review, it is also necessary to be alive to the concept of judicial restraint; the principle of judicial restraint requires that Judges ought to decide cases while being within their defined limits of powers; Judges are expected to interpret any law as per the limits laid down in the law; it is the source of law which the judges are called upon to apply and that Judges, when apply the law, are constrained by the rules of language.

The provision of Section 19 of the Act (ibid) undoubtedly gives no power or authority to the Special Court to constitute a JIT or to issue a direction to the Government in this regard. The words “if the government deems necessary JIT to be constituted by the government” are meaningful which have excluded the Special Court to exercise such powers therefore it is the exclusive domain of the government to or not to constitute JIT.

We have also observed that in one of the Challans of this case on the top/heading it is written as: -

چالان زیر دفعہ 512 ض ف

We have noticed such heading almost in every Challan where accused is declared Proclaimed Offender. This is done not only by police officers and Prosecution but also by the courts. As this practice is illegal, so for this reason we consider it to hold that what the correct position of law is?

The word ‘investigation’ has been defined under Section 2(L) of Cr. PC, which is as under: -

“Investigation' includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf”

The process of investigation starts on receipt of information of a cognizable or non cognizable offence (155 and 156 Cr. PC). In cognizable offence once FIR is recorded, a police officer requires no permission for investigation as he possesses all the powers under the law vested in him under Section 156 Cr. PC. The position however, is different when case relates to non-cognizable offence as the powers to investigate are dependent on authorization by the Magistrate (155 {2} Cr. PC). The moment he is allowed to exercise his authority, he starts enjoying all the powers to be exercised in cognizable cases except power to arrest the accused.

Once the ‘investigation’ starts, either in cognizable or non cognizable offence then it has to be concluded after observing all the legal formalities and the moment it is completed, a report under Section 173 Cr. P.C (Challan) is to be forwarded to a Magistrate in the form prescribed by the Provincial Government.

The words “every investigation’ used in Section 173 Cr.P.C are significant and leaves no room of doubt that it may be in cognizable or non-cognizable offence, the report (Challan) has to be submitted in a form prescribed by the provincial government.

So it is the absolute legal position that on conclusion of investigation report (Challan) is to be submitted only under Section 173 Cr. PC and it has nothing to do with Section 512 Cr. PC.

What the Section 512 Cr. PC is and when this provision plays its’ role?

The role under the above provisions is post to submission of report (Challan) and that too when it is before the court of competent jurisdiction because of the words used ‘the Court competent to try such person for the offence complained of”.

As after the words ‘offence complained of’ the word ‘may’ has been used, therefore, discretion to proceed under Section 512 Cr.P.C also lies with the court to be performed keeping in view the facts and circumstances of each case and in particular if court finds that there is no immediate prospect of arresting the absconder.

We have also observed that these proceedings are called “trial in absentia” which is not the correct approach. The general rule is that evidence has to be recorded in the presence of accused or in presence of his advocate/pleader, if his personal attendance is dispensed with whereas, proceedings under Section 512 Cr.P.C are exception to general rule with an aim to preserve the evidence so accused may not take advantage of his illegal act of absconding. This is fair part of rule of the game as it covers advantages for the prosecution that it may not be at defeating end because of some clever move by an absconder. This interpretation is based on the plain reading of Section 512 Cr.P.C where it is provided that the evidence so recorded may be given against accused on trial for the offence with which he is charged, if the deponent (witness) is dead or incapable of giving evidence etc.

We, therefore, direct that copies of this order shall be sent to Inspector General of Police and Prosecutor General of Punjab who shall circulate it to all the concerned with directions that this illegal practice to mention “Challan under Section 512 Cr. PC”
چالان زیر دفعہ 512 ض ف
shall be discontinued forthwith. Office is further is directed to send the copies of this order to all the judicial officers of the Punjab (including on ex-cadre) for their guidance and compliance in future.

05/04/2022

🔴زخم / چوٹ کیا یے اور زخم/چوٹ کے کیتنے اقسام
🔴WOUNDS / INJURIES
🟣 INTRODUCTION

A wound is any damage or break in the surface of the skin.

Production of wound: A wound is produced when the intensity of the applied force to the body exceeds the capability of the tissue to adapt or resist the force.

According to section 44 of Indian Panel Code “An injury is define as any harm, whatever illegally caused to any person in body, mind, reputation or property.”

🔵 CLASSIFICATION OF INJURIES

🟣 DEPENDING UPON MEDICAL
▪️Mechanical
▪️Thermal
▪️Chemical
▪️Physical
▪️Explosions

🟣 Mechanical Injuries
▪️Due to Blunt Force
▪️Abrasions
▪️Bruises/ Contusions
▪️Lacerations
▪️Fracture and dislocations
▪️Due to Sharp Force
▪️Incised wounds
▪️Chop wounds
▪️Stab Wounds
▪️Due to Fi****ms

🟣 Thermal Injuries
▪️Due to Cold
▪️Frostbite
▪️Trench Foot
▪️Immersion Foot
▪️Due to Heat
▪️Burns
▪️Scalds

🟣 Physical
▪️Electricity
▪️Lightening
▪️X-Rays
▪️Radioactive material

🟣 DEPENDING UPON GRAVITY (LEGAL)
▪️Simple Injury
▪️Grievous Injury

🟣 DEPENDING UPON TIME OF INFLICTION
▪️Antemortem
▪️Postmortem
▪️Perimortem

🟣 DEPENDING UPON THE MANNER OF INFLCITION
▪️Suicidal
▪️Homicidal
▪️Accidental
▪️Defence wounds
▪️Self-inflicted/ self suffered
▪️Fabricated Fictitious injuries

🔵 CAUSES OF WOUNDS

🟣 MECHANICAL AGENTS

Wound can be caused by mechanical forces having an impact on A tissue. When A mechanical force acts on A tissue and causes. Lacerations and contusions are examples of mechanical injury inflicted on A living tissue.

🟣 CHEMICAL AGENTS

Chemical agents can cause tissue wounds by necrosis of the skin such as in snake bites, burns of the skin due to acids or by strictures of the esophagus as a result of drinking concentrated alkalis especially in children (a common household accident).

🟣 RADIANT AGENTS OF TISSUE INJURY

Radiation could be in various forms such as X-rays, atomic energy, heat, high voltage electricity and intense cold.

🟣 PATHOGENIC MICROORGANISMS

The pathogens make use of chemicals known as toxins which help to dissolve tissue and can cause hypersensitivity reactions. These organisms do not directly cause wound but invade an already existing wound.

TYPES OF INJURIES/WOUNDS AND THEIR PHYSICAL CHARACTERISTICS

🔵 TYPES OF WOUNDS

▪️Open wounds

▪️Closed wounds

▪️Contusion (Bruise)

▪️ Laceration

▪️ Avulsions

▪️Punctures

▪️ Pe*******on

🟣 OPEN WOUNDS

These are wounds in which there is loss of superficial surface covering the tissue such as loss of skin.

🟣 CLOSED WOUNDS

These are wounds that occur without a loss of superficial surface covering the wound. The wound occur under the surface of the skin without affecting the skin. An example of this type of wound is contusion. Infection of these wounds is rare and it may resolve without any treatment if it is not extensive.

🟣 ABRASIONS

In this type of injuries the skin in which the outer layer of the skin is scarped off. Examples of the abrasions are scratches, grazing of the skin caused by dragging, imprint caused by belt/hunter/ sticks.

🟣 CONTUSIONS/BRUISES

This type of injuries occurs when blood vessels in the skin or internal organ are ruptured. A bruise heals by destruction and removal of the extravasated blood.

🟣 LACERATIONS

Lacerations are tears or splits of skin, mucous membranes, muscle or internal organs produced by application of blunt force or broad are of the body. Types of lacerations are split lacerations (crushing of the skin between two hard objects), stretch lacerations (overstretching of skin), avulsion, tears etc.

🟣 SHARP FORCE INJURY

These are caused by cutting or stabbing the skin with sharp instruments/weapons such as knives, swords, tins, broken glass bottles, razor blade and tools.

a) Incised/cuts Injury: This type of wound is a superficial injury in which the size of the injuries on the surface is larger than the depth.

b) Stab or Penetrating Injury- This type of injury is produced from the pe*******on of pointed or sharp weapons on to the depth of the body that is deeper than its length, generally knives.

🟣 FI****MS INJURY

They are usually recognized without difficulty. The injuries produced by fire arms vary depending on the projectile, the muzzle velocity, distance, angle of firing and part of the body involved. These wound are subdivided as, when a bullet, passing through a body, produces a wound. the point of entrance on the skin known as ENTRY WOUND and another at the point of exit of the bullet known as EXIT WOUND.

🟣 FRACTURE

It is the breach of continuity of bone or tooth caused by application of blunt force. Clinical features and X-ray findings are considered to diagnose this type of lesion. In dislocation of joint the bone ends get displaced completely from their normal anatomical positions with damage to the adjacent tissues.

🟣 INCISED WOUND

It is caused by the sharp edge of the weapon applied to the skin perpendicularly or obliquely making regular clean edges of the wound. It is called a slash wound when the length of the wound is greater than its depth.

🟣 BLAST WOUNDS

These are produced by explosion of bombs and are due to blast pressure wave (shock wave), blast winds, heat, splinters, shrapnels, surrounding small fragments propelled by blast winds.

🟣 BURNS

Burns are caused by flame, heated objects and scalds by hot liquids and vapours or gases.

Bodily harm may also be caused by corrosives, electricity, insecticide, high dose of drugs.

Rana & Riaz Law Chamber

03/02/2024

16/09/2023

15/08/2023

22/05/2023

07/09/2022

30/08/2022

29/08/2022

28/08/2022

25/08/2022

11/06/2022

05/04/2022

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