I.A. Ansari, J.

1. A question of great importance has been raised, in this writ petition, made under Article 226 of the Constitution of India, the question being whether a person, who is acquainted with the facts of a case, which is under investigation by police, has any right to get his or her statement recorded, under Section 164, Code of Criminal Procedure, by a Magistrate by filing a petition, in the Court of a Magistrate, seeking to get himself examined as a witness under Section 164, Code of Criminal Procedure?

2. The question posed above has arisen in the backdrop of the facts as indicated below:

(i) The Petitioner, who claims to be an educated female person of the age of 21 years, has, according to the Petitioner, voluntarily married, on 2.9.2010, one Md. Iftikhar Hussain, according to Islamic law and, thereafter, on 21.9.2010, their marriage was also registered under the Special Marriage Act, 1954, at Mangaldoi, in the district of Darrang. The Petitioner claims that she, without giving any information to her parents, had gone out of her parental house, on 13.9.2010, to her husband's house for the purpose of leading conjugal life there and she has accordingly started l