Kamlesh Devi vs Union Territory Of J&K And Others

Rajnesh Oswal, J

CrlM No. 1095/2021

The instant application has been filed by the applicant(s) seeking extension of time for filing the affidavit, stamp and court fee etc in support of the bail

application.

For the reasons stated in the application, the same is allowed. The applicant(s) shall do the needful within one week after normal functioning of the

Courts begins.

Application is, accordingly, disposed of.

CRM(M) No. 342/2021

The present petition has been filed by the petitioner for issuing an appropriate direction to the Judicial Magistrate 1st Class (Munsiff) Mahore to

further record the statement of the petitioner in case FIR bearing No. 3/2020 dated 14.01.2020 registered with Police Station, Chasana. It is contended

in the petition that the petitioner was pressurized by her family to depose against the respondent Nos. 2 & 3 but the fact remains that the no

occurrence as narrated by the petitioner in her earlier statement has taken place, however, the petitioner has been pressurized to make such a

statement. It is further stated that the petitioner had also filed an application before the Investigating Officer for recording her statement afresh but the

Investigating Officer has not acted upon the said application.

Learned counsel for the petitioner vehemently submitted that statement under section 164-A Cr. P.C. can be re-recorded as has been held by this

Court in Showkat Ali vs. State of J&K and others, decided on 04.09.2014.

The judgment relied upon by the petitioner is squarely applicable in the instant case, as such, this petition is disposed of with a liberty to the

Investigating Officer that in case in his opinion the statement of prosecutrix is required to be recorded again, appropriate decision/action in this regard

be taken.

Disposed of.