Kamlesh Devi vs Union Territory Of J&K And Others
2021 Latest Caselaw 634 j&K

                                                                        Sr. No. 109



               HIGH COURT OF JAMMU AND KASHMIR
                            AT JAMMU
                    (Through Video Conferencing)
                                          CRM(M) No. 342/2021
                                          CrlM No. 1094/2021
                                          CrlM No. 1095/2021


Kamlesh Devi                                             .....Appellant/Petitioner(s)


                                Through :- Mr. Farhan Mirza, Advocate

                          v/s

Union Territory of J&K and others                                 .....Respondent(s)

                                Through :- Mr. Jamrodh Singh, GA

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

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.

(Rajnesh Oswal) Judge JAMMU:

29.06.2021
Rakesh

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