Honble MADAN, J.–The limited question which has been raised for consideration of this Court is as to whether the Judicial Magistrate Merta City was justified in having declined to record the statement of prosecutrix Smt. Mangi daughter of Anda Ram who had appeared before Special Magistrate on 19.7.98 and had voluntarily made a statement on oath regarding the incident of rape pursuant to which FIR was registered with P.S. Nagaur under Section 498A, 366, 376,323 and 342 IPC on 19.7.98 and the prosecutrix had implicated the accused named in the FIR. The questions which arise for consideration before this Court are thus:- a) as to whether under the circumstances the Magistrate was authorised in having declined to record the statement of the prosecutrix under Sec.164, Cr.P.C.? b) as to whether the statement of the prosecutrix if recorded would have any reasonable connection with the investigation alleged to be going on ? c) as to whether the circumstances necessiated the witnesses to have approached the Court with a prayer to record her statement under Sec. 164, Cr.P.C.? (2). From the perusal of the impugned-order dated 12.8.98 of the learned Judi- cial Magistrate, Merta City, it is apparent that the learned Magistrate has overlooked the aforesaid legal position on the subject inasmuch as he was neither authorised nor competent to have declined to record the statement of the prosecutrix Smt. Mangi D/o Anda Ram who voluntarily appeared in the Court on 19.7.98 alongwith some witnesses and had also expressesed apprehension that due to the influence yielded by some politicians who were personally interested in the matter that the investigation was not being fairly done by the police and, therefore, had requested that her statement be recorded under Section 164, Cr.P.C. but the said request was declined by the learned Magistrate. (3). Keeping in view the facts and circumstances of the case and also the legal position on the subject and the proposition of law laid by the Apex Court in the ma- tter of Mst. Valasamma versus The State of Rajasthan (1), the impugned-order dated 12.8.1998 of the learned Special Judge-cum-Judicial Magistrate, Merta City is quashed and set-aside. As a result, the prosecutrix Mst.Mangi is directed to appear before the Judicial Magistrate, Merta City on 16.9.1998 at 10.30 a.m. sharp and when she appears, the Court shall record her statement under Section 164, Cr.P.C. with regard to the alleged incident dated 19.7.98. As a result, the prosecutrix Mst.Mangi is directed to appear before the Judicial Magistrate, Merta City on 16.9.1998 at 10.30 a.m. sharp and when she appears, the Court shall record her statement under Section 164, Cr.P.C. with regard to the alleged incident dated 19.7.98. (4). With the above observations the petition is allowed and stands disposed of.