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2025 M L D 1593
Muhammad Younas Parvez Khan — Petitioner Versus Zahoor-ud-Din and others — Respondents
Decided Date: Criminal Revision No. 27-D of 2022, decided on 20th February, 2024.
Summary: — Ss. 3 & 4 — Illegal dispossession — Scope — Petitioner was aggrieved of Trial Court's order whereby his complaint filed under S. 3 of Illegal Dispossession Act, 2005, was dismissed — Held: Petitioner alleged that he was lawful owner in possession o...
2025 M L D 1580
Saleem Nayyar — Petitioner Versus Fawad Aadil and others — Respondents
Decided Date: Writ Petitioner No. 562-D of 2023 with IR, decided on 13th March, 2025.
Summary: — Ss. 561-A, 22-A & 154 — Penal Code (XLV of 1860), S. 406 — Inherent powers of High Court under S. 561-A, Cr.P.C. — Scope — Powers of Ex-officio Justice of Peace — Order passed by Ex-officio Justice of Peace for the registration of FIR under S. 406,...
2025 M L D 1544
Shakoor Khan — Appellant Versus The State and others — Respondents
Decided Date: Jail Criminal Appeal No. 1528-P of 2023, decided on 12th November, 2024.
Summary: — S. 302(b) — Qatl-i-amd — Appreciation of evidence — Benefit of doubt — Infirmities in prosecution case — Accused was charged for committing murder of the complainant's brother, sister-in-law, her 8/9 month's female baby in her womb and his sister b...
2025 M L D 1462
Shah Zamin and another — Appellants Versus The State — Respondent
Decided Date: 4. Learned counsel for the appellant, while presenting his arguments, emphasized several key points regarding the credibility and reliability of the sole eye-witness, the injured complainant, Zia Ulla. He argued that the complainant's testimony does not adhere to the standards set by superior courts for sustaining a conviction. He asserted that the mere fact that a witness sustained injuries does not inherently guarantee the truthfulness of his statement; instead, such a statement must align with various factors, including consistency with other evidence, adherence to probabilities, and an overall ability to inspire confidence, the qualities that the learned counsel contends are absent in the complainant's account. Furthermore, he highlighted that intrinsic value and robust corroboration are essential for believing the testimony of a sole eye-witness. According to him, the complainant's account lacks these critical elements, thereby undermining its reliability. The learned counsel also pointed out that the complainant is an interested witness; thus, relying solely on his motive for corroboration is legally precarious. The inconsistency between the complainant's testimony and other circumstantial evidence is another focal point of the counsel's argument. He raised concerns about internal contradictions within the witness's own statement, suggesting that any single inconsistency should render the testimony doubtful. According to him, discrepancies in the timeline presented by the prosecution contradict the evidence on record, indicating that both the injured and the deceased were medically examined prior to the lodging of the report. He stressed that this sequence of events suggests a calculated approach by the complainant to implicate the appellant in a false narrative. The learned counsel also critiqued the medical evidence, arguing that it does not align with the prosecution's narrative and the site plan. Specifically, he challenged the nature of the wounds sustained by the deceased and the complainant, noting the absence of inverted and everted features that would typically indicate firearm injuries. Furthermore, according to his contention, the medical report fails to clarify the cause of death, which casts further doubt on the prosecution's case. Additionally, the learned counsel pointed to the problematic preparation of the site plan, which was based on information from alleged eye-witnesses Fawad Khan and Arshad, who were not called to testify in Court. This omission, in the counsel's view, diminishes the evidentiary value of the site plan. He also raised concerns about the absence of recovered bullet casings at the scene, alongside discrepancies regarding the location of blood evidence, which further question the integrity of the prosecution's claims. He also blamed the injured complainant for dishonestly improving his initial version for strengthening a false case against the appellant. In conclusion, the learned counsel asserted that the prosecution's case is fraught with significant inconsistencies and flaws, which collectively raise doubts about the factual assertions underlying the conviction. Therefore, he contended that the judgment resulting from such precarious and insubstantial evidence cannot be upheld in the eyes of the law. He placed reliance on "Khalid Mehmood alias Khaloo v. The State" (2022 SCMR 1148), "Muhammad Jehangir alias Badshah and another v. The State" (1995 SCMR 1715), "Muhammad Rafique v. Mohabbat Khan and others" (2008 SCMR 715), "Muhammad Ashraf and others v. The State" (1998 SCMR 279), "Imran Ashraf and others v. The State" (2001 SCMR 424), "Bashir Muhammad Khan v. The State" (2022 SCMR 986), "Azhar Iqbal v. The State" (2013 SCMR 383), "Gul Muhammad and another v. The State and another" (2021 SCMR 381), "Tariq Mehmood alias Asif Khan v. The State and another" (2023 YLR Note 13), "Ikramullah v. The State and another" (2022 YLR 1450), "Pervez Iqbal v. The State and another" (2013 PCr.LJ Note 16), "Abdul Basit v. The State and another" (2021 PCr.LJ 348), "Khalil-ur-Rahman and another v. The State and another" (2019 YLR 2553), "Muneeb Hassan v. The State and another" (2023 YLR 2462), "Muhammad Asif v. The State and another" (2018 YLR 1658), "Bakht Zada v. The State and others" (2013 YLR 230), "Mir Ahmad Shah v. The State and another" (2013 YLR 982), "Mubarik Ali v. The State and another" (2017 MLD 889), "Sajid v. The State and another" (2023 PCr.LJ 19), "Ghulam Rasool v. The State" (2022 YLR 853), "State v. Faizullah and others" (2021 YLR 163), "Lais Khan and another v. The State and another" (2022 YLR 9), "Inayatullah v. The State" (2019 PCr.LJ 1392), "Meer Muhammad v. The State" (2023 PCr.LJ 885), "Aqeel alias Mundri v. The State" (2017 YLR 375), "Naik Awaz and another v. The State" (2023 YLR 1930), "The State v. Subhan Ali and another" (2020 MLD 1901), "Inayatullah and another v. The State and others" (2016 YLR 2020), "Abid and others v. The State" (2016 YLR 267), "Fayaz Khan v. The State and others" (2011 P Cr. L J 363), "Asad Shah v. The State and another" (2021 YLR 1199), "Noor Alam v. Abdul Wahab and another" (2018 YLR 1571), "Abdul Haleem v. The State" (2016 YLR 1418), "Ahmad Shah and another v. The State and another" (2022 PCr.LJ 1260), "Riaz and another v. The State and another" (2022 PCr.LJ 1070), "Abdur Rahman v. The State and others" (2022 YLR 68), "Abdul Haleem v. The State and others" (2022 YLR 1478), "Muhammad Rizwan v. The State and others" (2018 MLD 410), "Muhammad Ibrahim and another v. The State" (2019 PCr.LJ 1378) and an unreported judgment of this Court in Cr.A No. 31-M/2023 "Sher Zamin v. The State and another" decided on 23.09.2024.
Summary: — Ss. 302(b), 324, 337-D & 34 — Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, common intention — Appreciation of evidence — Ocular account proved — Accused were charged for committing murder of the father of complainant and also causing firearm i...
2025 M L D 1394
Hayat Khan and others — Petitioners Versus Kifayat and others — Respondents
Decided Date: 2025-April-22
Summary: — S.12(2) — Limitation Act (IX of 1908), First Sched., Art.181 — Challenging the validity of judgment or order on the basis of fraud and misrepresentation by filing an application under S.12(2) CPC — Maintainability — Essential requirements and neces...
2025 M L D 1368
Rafi ullah — Petitioner Versus Liaqat and others — Respondents
Decided Date: 2025-January-24
Summary: — O. VIII, R. 9 — Specific Relief Act (I of 1877), Ss.42, 54 & 55 — Suit for declaration, permanent and mandatory injunction — Rejoinder, filing of — Purpose, nature and scope — Grant of leave for filing rejoinder — Discretion of court — Optional ple...
2025 M L D 1357
Pakhtunkhwa Highway Authority through Managing Director Peshawar — Petitioner Versus Arshad Sher Ali — Respondent
Decided Date: 2025-January-27
Summary: — O.XXXVII Rr.1, 2 & S. 115 — Recovery suit on the basis of cheque — Ex parte proceedings in summary suit — Production of evidence in proof of claim, requirement of — Scope — Principle of natural justice and procedured fairness — Contention of the pe...
2025 M L D 1254
Asar Khan and another — Appellants Versus Nazeer through PW/Nephew and another — Respondents
Decided Date: 2023-May-4
Summary: — Ss. 302(b), 324 & 34 — Qatl-i-amd, attempt to commit qatl-i-amd, common intention — Appreciation of evidence — Statement of eye-witness complainant trustworthy — Accused were charged for making firing upon the complainant party, due to which two pe...
2025 M L D 1052
Mst. Shahira Bibi — Petitioner Versus The State — Respondent
Decided Date: 2024-October-8
Summary: — S. 497(1) — Penal Code (XLV of 1860), S. 302 — Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15 — Qatl-i-amd and possession of illegal weapon — Post arrest bail, grant of — Female accused — Plea of self-defence — Petitioner herself reported the m...
2025 M L D 962
Hazrat Ghulam and another — Appellants Versus The State and 4 others — Respondents
Decided Date: 2023-October-3
Summary: — Ss. 302(b), 324, 337-F(iii), 148 & 149 — Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, rioting armed with deadly weapons, unlawful assembly — Appreciation of evidence — Ocular account proved — Accused were charged that they ma...
2025 M L D 934
Inayat Ullah and another — Petitioners Versus The State and another — Respondents
Decided Date: 2025-February-11
Summary: — S. 497(2) — Anti-Terrorism Act (XXVII of 1997), Ss. 7(a) & 11-F(2) — Explosive Substances Act (VI of 1908), S. 5 — Act of terrorism, possession of explosive substance without lawful justification — Bail, grant of — Further inquiry — Prosecution cas...
2025 M L D 918
Irfan Ullah — Petitioner Versus Fayaz and others — Respondents
Decided Date: 2022-October-5
Summary: — S. 13(6) — Eviction petition — Order of the Rent Controller to deposit rent — Default by the tenant — Defence of the tenant, striking of — In wake of default in payment of monthly rent pursuant to the order of the Rent Controller, the defence of th...
2025 M L D 529
Naik Nawaz — Petitioner Versus The State through Advocate General Bannu and another — Respondents
Decided Date: 2024-May-3
Summary: — S.497 — Penal Code (XLV of 1860), Ss. 365-B, 506, 452 & 34 — Kidnapping, abducing or inducing woman to compel for marriage etc., criminal intimidation, house-trespass after preparation for hurt, assault or wrongful restraint, common intention — Bai...
2025 M L D 479
YASIR MANZOOR AMIN — Petitioner Versus Dr. MEHREEN IQBAL and others — Respondents
Decided Date: 2024-May-20
Summary: — S.6A — effect of repeal of law — Principle — When any amending Act, whereby the text of Central Act or Regulation was amended, is repealed, then unless a different intention appears, such repeal is not to affect continuance of any such amendment ma...
2025 M L D 438
The State through Advocate General Khyber Pakhtunkhwa, Peshawar — Appellant Versus Wali Ullah alias Qismat Ullah — Respondent
Decided Date: 2023-May-18
Summary: — Ss. 302(b) & 34 — Criminal Procedure Code (V of 1898), S.417 — Qatl-i-amd, common intention — Appreciation of evidence — Appeal against acquittal — Delay of 18 hours in lodging FIR not plausibly explained — Accused was charged that he along with hi...
2025 M L D 397
Makhdoom Haider Shah — Petitioner Versus Mustafa Haider Shah and another — Respondents
Decided Date: 2024-October-4
Summary: — S. 497(5) — Penal Code (XLV of 1860), Ss. 302(b), 324, 148 & 149 — Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly — Petition for cancellation of bail, dismissal of — Accused-respondent was charged that...
2025 M L D 373
Bilal Iqbal — Petitioner Versus The State and others — Respondents
Decided Date: 2022-April-20
Summary: — S.497 — Penal Code (XLV of 1860), S.489-F — Dishonoring of cheques — Post-arrest bail, grant of — Issuance of three cheques — Business transaction — Involvement of huge amount — Investigation complete and petitioner not required for further investi...
2025 M L D 296
Zaheer Ellahi — Petitioner Versus The State and another — Respondents
Decided Date: 2024-October-24
Summary: — S. 497(1), third proviso. — Penal Code (XLV of 1860), Ss. 302(b), 324, 341, 347, 107 & 34 — Qatl-i-amd, attempt to commit qatl-i-amd, wrongful restrain, kidnapping in order to murder, abetment, common intention — Bail, grant of — Further inquiry — ...
2025 M L D 282
Dr. Imtiaz Ali Shah — Appellant Versus University of Engineering and Technology through Registrar UET Peshawar — Respondent
Decided Date: 2023-October-9
Summary: — S.96 — Regular First Appeal — Maintainability — Objection as to competency of appellant — Power of attorney/Wakalatnama executed by the appellant before proceeding abroad — Validity — Appellant had given 'wakalatnama' to his counsel/brother, which ...
2025 M L D 194
Syed Safeer Hussain — Petitioner Versus The state and others — Respondents
Decided Date: 2024-July-18
Summary: — S. 497(2) — Penal Code (XLV of 1860), Ss. 302, 109 & 34 — Qatl-i-amd, abetment, common intention — Bail, grant of — Further inquiry — Petitioner was charged for committing murder of the cousin of complainant — Record would show that initially nobod...