Sr. No. 137 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(Crl) No.81/2025 CM No.7841/2025 Date of Pronouncement:05.12.2025 Uploaded on : 09.12.2025 Pervaize Akhter alias Parveen Akhter .....Applicant(s)/Petitioner(s)

Through :- Mr. Amandeep Singh, Advocate.

v/s UT of J&K .....Respondent(s)

Through :- Mrs. Monika Kohli, Sr.AAG.

CORAM: H ON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER (ORAL

01. By this petition, petitioner herein has sought a direction upon the respondent to re-record her statement under Section 164 Cr.P.C.

02. According to learned counsel for the petitioner, FIR bearing No.0152/2023 dated 04.11.2023, for commission of offences punishable under sections 366/376-D/343 IPC, came to be registered by Police Station, Billawar against the accused persons on the basis of an application filed by the petitioner u/s 154(1) Cr.P.C. It has been submitted that, though, the FIR has been registered, yet the contents thereof are contrary and in conflict with the actual version of the events. It is also submitted that the petitioner made a statement under Section 164 Cr.P.C. before the learned Judicial Magistrate under the trauma of the incident and due to the trauma, she failed to give her proper statement before the learned Judicial Magistrate and now she desires to make truthful and voluntary statement before the learned magistrate, but the Investigating Officer has refused to get her statement re-recorded.

03. Issue notice to the respondent.

04. Mrs. Monika Kohli, learned Sr.AAG waives notice on behalf of the respondent and submits that she is not averse, if similar order is passed in this case as has been passed by the Coordinate Bench in CRM(M)

No.218/2020.

05. Having regard to the limited nature of prayer made by the petitioner, the instant petition can be disposed of, at its threshold by issuing appropriate directions to the Investigating Officer.

06. It is a settled law that the Code of Criminal Procedure does not prohibit recording of statement of a witness either under Section 161 Cr.P.C. or under Section 164 Cr.P.C. more than once, if the situation warrants so. The discretion entirely lies with the Investigating Officer in this regard, who has to take a decision having regard to the attending circumstances in the particular case.

07. In view of the above position of law, the present petition is disposed of with a liberty to the concerned investigating officer to accord consideration to the prayer of the petitioner and thereafter, take a decision with regard to the necessity of re-recording her statement under Section 164-A Cr.P.C. having regard to the attending circumstances of the case and the averments made by the petitioner in the instant petition.

08. Accordingly, the present petition is disposed of in above terms.

09. Copy of this order be sent to respondent for information and compliance.

(Moksha Khajuria Kazmi)

Judge JAMMU

05.12.2025 Eva