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2022 Supreme(J&K) 276

SINDHU SHARMA
Shahnaz Kosar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Altaf Hussain Janjua.

JUDGMENT :

1. The petitioner in the present petition seeks a writ in the nature of mandamus to record the further statement of petitioner No. 1 under Section 164-A of Code of Criminal Procedure (Cr.P.C.) in FIR No. 205 of 2018 dated 30.11.2018, registered in Police Station, Mendhar under Sections 452, 307, 109, 325, 323 of RPC. A further direction is also sought to record the statement of petitioner No. 2 by respondent No. 3 or in the Court of Law.

2. Briefly stated the facts as narrated in this petition are that; on 29.11.2019, when the petitioner No. 2 was on Election Duty in Nowshera, the lock of his house was broken in his native Village Salwah, Tehsil Mendhar, District Poonch. Both the petitioners immediately went to Salwah and found that lock of their house was broken and goods were scattered all over.

3. A complaint was made by petitioner No. 2 on 30.11.2018 at Police Station, Mendhar stating that on 30.11.2018, when he was not present at home, the accused who are their neighbours having old enmity with them over a piece of land, attacked his wife Shahnaz Kossar with an intention to kill her. They attacked his wife with knife on nose and leg and also thrashed her with a hand pu

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