Law: Anti-Rape (Investigation and Trial) Act, 2021

Section: 16(3)

   Anti-Rape (Investigation and Trial) Act, 2021 (XXX of 2021)------S. 16(3)--Under Section 16(3) of Act ibid, special Court can form and record opinion that offence in case is not a scheduled offence in course of a “trial”--When special law i.e. Anti Rape (Investigation & Trial) Act, 2021, provides power only under Section 16(3) of ibid Act to render opinion that scheduled offence has been made out or not during course of trial i.e. after framing of charge then impugned order passed prior to that stage in case is not in accordance with said law, hence, not sustainable rather liable to be set aside.Framing of Charge------Trial-- It is trite law that trial commences after framing of charge and in this regard guidance has been sought from case.2008 SCMR 785 and PLD 2024 SC 1152.“A Communi Observantia non est recedendum”------By now, it is also well settled that when a thing has been prescribed by law to be done in a particular manner then it should have been done in that manner or not at all and in this regard famous maxim ‘A communi observantia non est recedendum’ can also be referred.JUDGMENT:FAROOQ HAIDER, JUSTICE:---.--- Through this revision petition, following prayer has been made:“Keeping in view of above facts and circumstances by accepting the instant Criminal Revision petition an appropriate suitable, order may kindly be issued to the learned Respondent No. 1, to set aside/recall the impugned order dated 30.08.2023 of learned Respondent No. 2, may very kindly be ordered to learned Respondent No. 2 to adjudicate upon the said matter in Challan Case FIR No. 453/22 dated 08.06.2022 offenceunder Section 354, PPC Police Station City Chunian, District Kasur and graciously be further directed to the learned Respondent No. 1 to return the said case to the learned Respondent No. 2 without further pass any judicial orders to adjudicate upon the said case between the parties in the best interest of justice.Any other relief which this Hon’ble Court deems, fit proper suitable, and appropriate may also be awarded to the petitioner to safe Administration of justice.”Brief and necessary facts for decision of the instant petition are that the…