Surta Devi vs Ut Of J&K And Anr
2021 Latest Caselaw 157 j&K

                                                                                        114
                               HIGH COURT OF JAMMU AND KASHMIR
                                          AT JAMMU
                                                             WP(C) No. 276/2021
                                                             CM No. 1402/2021
           Surta Devi                                                        ....Petitioner(s)

                                  Through :- Mr. Farhan Mirza, Advocate.
                                 V/s
           UT of J&K and Anr.                                              ....Respondent(s)
                                   Through :-

           Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
                                                   ORDER

19.02.2021

1. Petitioner filed a complaint under Sections 452/376-D read with

Section 109 of the IPC against the respondent No. 1. Statement of the petitioner

is also recorded under Section 164(A) of the CrPC.

2. Learned counsel for the petitioner states that the earlier statement

made by the petitioner were made under compelling circumstances on account

of property dispute and that she would like to make statement again under

Section 164(A) of the CrPC.

3. Reliance is placed upon the judgment of this Court dated 04.09.2014

titled, "Showket Ali Vs. State of J&K and Anr."

4. Following the decision rendered by a Co-ordinate Bench of this Court

on 04.09.2014 (supra), this writ petition is disposed of with liberty to the

investigating officer that in case, in his opinion, based upon the evidence and

material collected by him during investigation, the statement of the prosecutrix

is to be got re-recorded, then appropriate decision in that regard may be taken

only-if it is so warranted.

5. Disposed of accordingly along with connected CM.

(Dhiraj Singh Thakur) Judge RAM KRISHAN JAMMU 2021.02.22 20:02 I attest to the accuracy and 19.02.2021, (Ram Krishan) integrity of this document