Mohd. Azam vs Sho
2021 Latest Caselaw 880 j&K

                                                                      Sr. No. 104
                                                       (Supplementary B.N. Cause list)

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                                                CRM(M) No. 438/2021
                                                CrlM No. 1420/2021

Mohd. Azam                                          .....Appellant(s)/Petitioner(s)


                        Through: Mr. S.S. Ahmed, Advocate.
                  Vs

SHO, Police Station, Kandi and Anr.                             ..... Respondent(s)
                        Through:

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                    ORDER

13.08.2021

The present petition has been filed by the petitioner for commanding

the respondents to get the statement of the petitioner recorded again before the

Court of learned Munsiff (JMIC), Kotranka, Rajouri (hereinafter referred to as

the "Magistrate") or any other competent Magistrate under the provisions of

Section 164 Cr.P.C, primarily, on the ground that the petitioner wants to further

clarify his true version.

Learned counsel for the petitioner relies upon the judgment passed by

the Co-ordinate Bench of this Court on 04.09.2014 in a petition bearing

561-A No. 259/2014, titled "Showkat Ali Vs. State and Ors.".

A perusal of the statement of the petitioner reveals that it has been

recorded by the learned Magistrate and that the statement was read over and

explained to the witness, which he admitted as correct and in acknowledgment

thereof, the petitioner has also appended his signatures on the same. The perusal

of the statement further reveals that the petitioner has categorically stated in the

said statement that he was not interested in continuing the proceedings anymore

in the said case. More so, in the petition, there is nothing on record to

demonstrate as to what sort of clarification the petitioner requires to be

incorporated in the said statement. The judgment relied upon by the learned

counsel for the petitioner is distinguishable on facts, as such, the same is not

applicable in the instant case. The present petition is, accordingly, found to be

bereft of any merit and the same is, accordingly, dismissed.

(Rajnesh Oswal) Judge Jammu 13.08.2021 Ram Krishan

Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No

RAM KRISHAN 2021.08.16 14:04 I attest to the accuracy and integrity of this document