Lok Pal Singh, J.

Present Criminal Writ Petition has been filed by the petitioner seeking following reliefs :

“(a) Issue a writ, order or direction in the nature of mandamus commanding the investigating agency through respondent no. 2 and 3 to further investigate the FIR no. 553 of 2017, registered at P.S. Rudrapur, District Udham Singh Nagar and ensure that statement of victim is recorded under Section 164 of the Cr.P.C. and only then report under Section 173 of Cr.P.C. be submitted before the court below.

(b) Issue any suitable writ, order or direction which the Hon’ble Court may deem fit and proper on the basis of the facts and circumstances of the case.

(c) Award the cost of the petition to the petitioner.”

2. Vide order dated 18.04.2018, the Senior Superintendent of Police, Udham Singh Nagar was directed to ensure the presence of Mr. Om Prakash, Investigation Officer of FIR no. 553 of 2017, registered by P.S. Rudrapur, District Udham Singh Nagar, before the Court. The Investigating Officer is present in person today before the Court.

3. When the matter was listed for the first time on 28.02.2018, two weeks’ time was granted to the respondent State to file counter affidavit explaining therein as to why the statement of the victim under Section 164 of Cr.P.C. has not been recorded. Thereafter, the writ petition was listed before His Lordship Justice V.K. Bist on 18.04.2018. The Court vide order dated 18.04.2018, noted that despite time being granted on 28.02.2018, no counter affidavit has been filed so far. The Court took serious note of said fact and, as a last chance, granted time upto 23.04.2018 to the learned State counsel appearing on behalf of respondent nos. 1 to 3 for filing counter affidavit and further directed that, in case, counter affidavit / reply is not filed within the stipulated period, the S.S.P., Udham Singh Nagar shall appear in person before this Court on the next date fixed. The matter was fixed for 24.04.2018. In compliance of said order, short counter affidavit of Mr. Om Prakash, I.O. of the case, was filed through Mr. J.S. Virk, A.G.A. on 23.04.2018.

4. It is stated in the short counter affidavit that on 28.02.2018, this Court directed the State of file counter affidavit explaining therein as to why the statement of the victim under Section 164 Cr.P.C. has not been recorded yet. The case was again come up for consideration on 18.04.2018 and the Court directed the State to file counter affidavit by 23.04.2018. It is also stated that earlier the investigation was completed in the aforesaid matter, but on the application of the complainant, the concerned Magistrate directed that the matter be further investigated and, accordingly, statement of the victim under Section 164 Cr.P.C. was recorded on 20.04.2018. The copy of said statement is annexed as Annexure no. 1 to the affidavit. Lastly, it is stated that in view of order passed by the Magistrate concerned, the matter is being investigated again and, as such, the further investigation is pending, which will conclude at the earliest.

5. A perusal of the statement of the victim recorded under Section 164 Cr.P.C. would reveal that she was kept in illegal custody by the respondent no. 4 and his brothers Azim and Arshad and they also assaulted the victim. Victim also made a statement that she was threatened that if she will make statement in the court against respondent no. 4, her family members will be killed.

6. After filing of counter affidavit on 23.04.2018, the matter was listed before the Court on 24.04.2018. This court took notice of the fact that pursuant to the order dated 28.02.2018, no specific explanation regarding failure to record statement of the victim under Section 164 Cr.P.C. has been made in the counter affidavit. This Court also noticed the fact that there was no effort at all on the part of the I.O. in getting recorded the statement of the victim under Section 164 Cr.P.C. Statement of the victim was recorded on an application moved by