COMMON MISTAKES IN PRE-TRIAL

(PROCEEDINGS (CRIMINAL)
Zia ur Rehman
Add. District & Sessions Judge / Sr. Director
Administration,
KP Judicial Academy, Peshawar
OBJECTIVES
 To
familiarize the participants with the
common mistakes in Pre-trial
 To make them understand how these
mistakes hinder & delay justice delivery
 To make them learn how to avoid these
mistake & facilitate, not complicate, the
administration of justice
OUTCOMES
 Participants are expected to;
 Avoid the highlighted mistakes
 Proactively manage & supervise the court
proceedings
 Follow letter & spirit of the law in true
sense
PURPOSE OF PROCEDURAL LAW
 Toserve & facilitate administration of
justice through;
 Transparency
 Uniformity
 Discipline
 Systemization
 Recording
 Due process
COMMON MISTAKES
 Warrant u/sec 204 CrPc
 Proclamation u/sec 87 CrPC
 How lead to delayed challan
submission
COMMON MISTAKES
 Practice of filing challan u/Sec 512
CrPC
COMMON MISTAKES

 Inquiries
u/sec 156(3) CrPC
 & U/Sec 523 (i) CrPC
COMMON MISTAKES
 Mechanical Custody orders, physical
or police as well as judicial custody
(often without examining )
 Juvenile & Females
COMMON MISTAKES
 Demanding local sureties, how may
lead to promoting toutism
 Recovery proceedings (forfeited bond)
only against the sureties.
COMMON MISTAKES
 Case Property Disposal
 Nature of the property (perishable, animal etc)
 Interim order
 Return & superdari
 Excessive bonds
 Final disposal
 Accident Case

 Sec 95 MVO 1965

COMMON MISTAKES
 Mechanicalrecording of statements,
u/sec 164 CrPC, or refusal to record.
COMMON MISTAKES
 Post
mortem exemption & Medical
examinations (under age & female)
COMMON MISTAKES
 Unnecessary detention in Dar-ul-Aman
(Protection or detention)
COMMON MISTAKES
 Curtailing
liberties in the name of
preventive detention u/sec 54 and Sec
86 CrPC
COMMON MISTAKES
 Stereotype
approach in taking
cognizance and sending up the cases
COMMON MISTAKES
 Mechanical orders upon cancellation
requests
COMMON MISTAKES
 Delayedidentification proceedings and
search warrants
COMMON MISTAKES
 Non-exercise of discretion in
concurrent jurisdiction matters
COMMON MISTAKES
 Non-use of probation law
COMMON MISTAKES
 Irregularities
in confessions recordings
(oath, language, ascertainment of free
will, profromas, dictation etc)
COMMON MISTAKES
 Approach in most attracted offences
 Arms (licensing issue)
 EHO and CNSA
 Gambling
 Sec 365-B and Sec 494
COMMON MISTAKES
 Dominance of Prosecutors and Naib
Court
COMMON MISTAKES
 Framing charge without examination
record
COMMON MISTAKES
 Mechanical Summoning of PWS (Here
scrutiny and scheduling of the order of
examinations and time tables possible)
NOLO CONTENDERE
 PLD 2009 LHR 312