Sr. No. 94 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Gudia Devi …..Appellant(s)

Through: Mr. Iqbal Hussain Bhat, Advocate Vs UT of J&K and Anr. .…. Respondent(s)

Through: Mr. Bhanu Jasrotia, GA Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE

ORDER

05.12.2025

01. Heard.

02. Through the medium of the instant petition filed under and in terms of provisions of Section 528 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as “BNSS” for short), the petitioner has sought the issuance of a direction upon the respondent No.2 i.e. SHO Police Station Nowshera, Rajouri for production of the petitioner/complainant before a Competent Judicial Magistrate for re-recording her voluntary statement under Section 183 BNSS and for a corresponding direction upon the learned Judicial Magistrate concerned to re-record the same in accordance with the law.

03. The case of the petitioner in brief is that she has been married to one Gourav Singh in the year 2017. That her matrimonial relation with her husband did not remain cordial as the later started beating and using abusive language with her immediately within one month of the marriage. That two issues have begotten out of their wedlock. That both of their issues are daughters namely Tanshi Manhas, born on 3^rd March, 2018 and Mansi Manhas, born on 20^th June, 2019 who are respectively reading in 3^rd and L.K.G. Classes in Government Middle School, Hanjana. That she filed a complaint with the Women’s Cell Gandhi Nagar, Jammu against her husband complaining about the violence being meted out to her. That she often used to go to the home of her sister namely Harpreet Kour, upon being thrown from her matrimonial home by her husband. That her sister namely Harpreet Kour was not having cordial relation with her husband. That in the month of August 2025, she was again beaten by her husband and thrown out of her matrimonial home whereupon she was forced to go to her sister’s home leaving her two daughters with their father i.e. the husband of the petitioner. That thereafter, she came to her matrimonial home after two months i.e. on 09.10.2025 and found that both the daughters are fine being taken care by their father in her absence. That however, on that day, she on the instigation of her sister namely Harpreet Kour, lodged a complaint with the Police Station Nowshera, Rajouri against her husband on the basis of which FIR No. 148/2025 dated 09.10.2025 came to be registered with the said Police Station. That she in her complaint leveled the allegation of molestation of her two daughters by her husband i.e. the father of the minor daughters. That however, she did not see anything herself and the said allegations were leveled by her on the instigation of her sister and her other relatives in the state of anger. That after the lodging of the FIR by her, she was pressurized and forced by her sister and other relatives to get her statement recorded in support of her complaint under Section 183 BNSS corresponding to Section 164 of the repealed code. That she was told by her aforesaid relatives that if she does not make a statement under Section 183 BNSS, she will be booked under law and will be sent to jail, whereafter, she made her statement in terms of Section 183 BNSS before the Magistrate. That now, in view of the real facts, she wanted to give a fresh clarified and voluntary statement under Section 183 BNSS before the concerned Magistrate. That she, accordingly, approached the Investigating Officer of the case on multiple occasions requesting him to get her statement re- recorded but the respondent No.2/SHO refused to do so without giving any justification. That the refusal on the part of the SHO/IO of the case to get her statement re-recorded before the concerned Magistrate is violative of her right to fair investigation flowing from the Article 21 of the Constitution of India. That she is ready and willing to appear before the Competent Magistrate at any time as directed by this Court for