Azra Yasmin vs JUdicial Magistrate Sec-30 S — 2025 PCrLJ 1121 LAHORE-HIGH-COURT-LAHORE

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Azra Yasmin VS JUdicial Magistrate Sec-30 S. 354---anti-Rape (Investigation and Trial) act (XXX of 2021), S. 16(3)---assault or criminal force to woman with intent to outrage her modesty---Jurisdiction---Police submitted challan of the case in the Court of Judicial Magistrate for trial---However Judicial Magistrate sent the file with the observation that offence mentioned in the FIR was scheduled offence as such the Magistrate had no jurisdiction---Case was entrusted to the Court of additional Sessions Judge, however he returned the file with the observation that offence under S.354, P.P.C was not attracted and sent the file for entrusting the same to the Judicial Magistrate---Validity---admittedly charge was not framed in the case till the passing of the impugned order---Meaning thereby that the case was not in the course of trial---So, it was not the stage to opine that offence which the accused was alleged to have committed was not a scheduled offence---In the impugned order, it had been mentioned that report under S.173, Cr.P.C. was transmitted to the area Magistrate to conduct the trial of the accused to the extent of remaining offences in accordance with law but there was no other offence except offence under S.354, P.P.C---When special law i.e. anti-Rape (Investigation and Trial) act, 2021, provides power only under S.16(3) of the ibid act to render opinion that scheduled offence has been made out or not during course of the trial i.e. after framing of the charge then impugned order passed prior to that stage in the case was not in accordance with said law, hence, not sustainable---Impugned order dated 30.08.2023 passed by the addl. Sessions Judge, was set aside and matter was remanded to the addl. Sessions Judge who would pass fresh order while keeping in view settled principles on the subject as well as facts and circumstances of the case---Petition was allowed in the said terms.

Azra Yasmin vs JUdicial Magistrate Sec-30 S — 2025 PCrLJ 1121 LAHORE-HIGH-COURT-LAHORE

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