This document outlines common mistakes made in pre-trial criminal proceedings in Pakistan. It discusses mistakes related to warrants, proclamations, challan submissions, case inquiries, custody orders, sureties, case property disposal, statement recordings, post-mortems, detentions, confessions, charge framing, witness summoning and more. The objectives are to familiarize participants with these mistakes, how they hinder justice, and how to avoid them to better facilitate the administration of justice.

1. COMMON MISTAKES IN PRE-TRIAL
(PROCEEDINGS (CRIMINAL)
Zia ur Rehman
Add. District & Sessions Judge / Sr. Director
Administration,
KP Judicial Academy, Peshawar

2. 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

3. OUTCOMES
Participants are expected to;
 Avoid the highlighted mistakes
 Proactively manage & supervise the court
proceedings
 Follow letter & spirit of the law in true
sense

4. PURPOSE OF PROCEDURAL LAW
To serve & facilitate administration of
justice through;
 Transparency
 Uniformity
 Discipline
 Systemization
 Recording
 Due process

5. COMMON MISTAKES
Warrant u/sec 204 CrPc
Proclamation u/sec 87 CrPC
How lead to delayed challan
submission

6. COMMON MISTAKES
Practice of filing challan u/Sec 512
CrPC

7. COMMON MISTAKES
Inquiries u/sec 156(3) CrPC
& U/Sec 523 (i) CrPC

8. COMMON MISTAKES
Mechanical Custody orders, physical
or police as well as judicial custody
(often without examining )
Juvenile & Females

9. COMMON MISTAKES
Demanding local sureties, how may
lead to promoting toutism
Recovery proceedings (forfeited bond)
only against the sureties.

10. 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

11. COMMON MISTAKES
Mechanical recording of statements,
u/sec 164 CrPC, or refusal to record.

12. COMMON MISTAKES
Post mortem exemption & Medical
examinations (under age & female)

13. COMMON MISTAKES
Unnecessary detention in Dar-ul-Aman
(Protection or detention)

14. COMMON MISTAKES
Curtailing liberties in the name of
preventive detention u/sec 54 and Sec
86 CrPC

15. COMMON MISTAKES
Stereotype approach in taking
cognizance and sending up the cases

16. COMMON MISTAKES
Mechanical orders upon cancellation
requests

17. COMMON MISTAKES
Delayed identification proceedings and
search warrants

18. COMMON MISTAKES
Non-exercise of discretion in
concurrent jurisdiction matters

19. COMMON MISTAKES
Non-use of probation law

20. COMMON MISTAKES
Irregularities in confessions recordings
(oath, language, ascertainment of free
will, profromas, dictation etc)

21. COMMON MISTAKES
Approach in most attracted offences
 Arms (licensing issue)
 EHO and CNSA
 Gambling
 Sec 365-B and Sec 494

22. COMMON MISTAKES
Dominance of Prosecutors and Naib
Court

23. COMMON MISTAKES
Framing charge without examination
record

24. COMMON MISTAKES
Mechanical Summoning of PWS (Here
scrutiny and scheduling of the order of
examinations and time tables possible)

25. NOLO CONTENDERE
PLD 2009 LHR 312