CRL) NO.61/2023 CRLM No. 3820 of 2023 · High Court of Jammu & Kashmir and Ladakh

Through :- Mr. Matloob Hussain Mughal, Advocate. V/s Union Territory of Jammu and Kashmir & Ors. Through :- ….Respondent(s) CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 16.06.2023

The petitioner through the medium of this petition under Article 226 of Constitution of India seeks appropriate writ, order or direction to the learned Chief Judicial Magistrate, Rajouri to record the statement of the petitioner in terms of Section 164 CrPC, asserting therein that the petitioner has been stated as victim in the case registered vide impugned FIR No. 11/2023 at Police Station Budhal at the instance of respondent No.3-Showkit Ali against the husband of the petitioner namely, Mohd. Zabir who was falsely implicated of her abduction.

Learned counsel for the petitioner submits that the investigating agency has not got the statement of the petitioner recorded in terms of Section 164 CrPC so far and due to threat perception from her family she is unable to approach the local Court at Budhal, as such the learned Chief Judicial Magistrate, Rajouri be directed to record the statement of the petitioner.

Heard and considered. Since the statement of the victim is required to be recorded by the investigating agency before the Magistrate, in view of the submissions made by 2 WP(Crl) No.61/2023 learned counsel for the petitioner, this petition is, disposed of, at its threshold with a direction to the Station House Officer, Police Station, Budhal to move a motion for recording the statement of the petitioner, if not already recorded under Section 164 CrPC, before the learned Chief Judicial Magistrate, Rajouri who is requested to record the statement of the petitioner, in accordance with law.