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2017 DIGILAW 548 (JK)

Taiba Kousar v. State

2017-08-04

B.S.WALIA

body2017
JUDGMENT : 1. Learned counsel for the petitioner contends that the petitioner is legally wedded wife of one Tafiq Ahmed and Nikkahnama in proof of marriage of the petitioner with said Tafiq Ahmed is attached alongwith as Annexure-A dated 03.03.2016. 2. Grievance of the petitioner is that due to false complaint made by some persons disgruntled with the happiness of the petitioner and Tafiq Ahmed, police has registered a case under Section 317 of RPC despite the fact that the petitioner had produced the Nikkahnama, even the statement of the petitioner was not properly recorded by the Police. 3. Prayer in the instant petition is for a direction to the police to get the statement of the petitioner recorded under Section 164-A of J&K Cr.P.C. before the learned 1st Class Magistrate, Mendhar. 4. Notice of motion. Mr. Asheesh Singh Kotwal, learned Dy.A.G. accepts notice on behalf of the respondents and states that he has no objection to the statement of the petitioner being recorded under Section 164-A of J&K Cr.P.C. by the learned 1st Class Magistrate, Mendhar. 5. Statement of learned counsel for the parties is taken on record. With their consent, writ petition is taken on board and is disposed of by directing the official respondents to ensure recording of the petitioner’s statement under Section 164-A of J&K Cr.P.C. by producing her before the Court of learned Judicial Magistrate, 1st Class, Mendhar as expeditiously as possible preferably during the course of this week. With the aforementioned directions, writ petition alongwith connected MP is disposed of. Copy of this order be provided to learned counsel for the petitioner under the seal and signatures of the Reader of this Court.