Through this writ petition the petitioner has prayed that the case F.I.R. No,112 of 2001, dated 29-3- 2001, Police Station Rukanpur, District Rahimyar Khan is triable by Special Court, Anti-Terrorism Activities, and orders, dated 19-5-2001 and 30-6-2001 passed by learned Additional Sessions Judge, Rahimyar Khan be declared to be without lawful authority.
2. Brief facts of the case are that a case has been registered vide F.I.R. No,112 of 2001, dated 29-3- 2001 at Police Station Rukanpur, District Rahimyar Khan, on the complaint of Allah Wasaya son of Abdul Rehman petitioner. The learned counsel for the petitioner states that there are allegations in the F.I.R. That Akram and Aslam had committed Zina with victim Mst. Asia, therefore, it is a case of gang-rape and the same is triable by the Court of Special Judge, Anti-Terrorism Activities.
3. It is correct that an order was passed on 19-5-2001 by the trial Court when the case of the prosecution was that both Muhammad Aslam and Muhammad Akram committed Zina-bil-Jabr with the victim Mst. Asia. Thereafter, on 28-5-2001 complainant Allah Wasaya got recorded his statement before the Judicial Magistrate and stated that Muhammad Akram son of Ibrahi, Abdul Hamid and Rehmat, who were nominated in the F.I.R. Were innocent and he fully agreed with the investigation of the case. He also stated that he had no objection if they are discharged from the case; hence as per his statement, Muhammad Akram was discharged from the case by the learned Magistrate. The Public Prosecutor who appeared before the Court of Additional Sessions Judge has admitted that the challan was being submitted under section 10(3) of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 in the Sessions Court.
' In the light of the above discussion, to my mind the order of the learned Additional Sessions Judge that the case is not triable by the Special Judge and is triable by the Sessions Court is legally