NAFEESA Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) The question raised by way of this petition is as to whether a witness, of his own has the right to approach a Magistrate to record his statement under Section 164 Cr.P.C.; and whether such Magistrate is under a legal obligation to record the statement of such witness under Section 164 Cr.P.C., when investigation in a criminal offence is going on?

(2.) The petition seeks issuance of a writ in the nature of Mandamus, directing the investigating agency to record statement of the petitioner under Section 164 Cr.P.C. in open Court.

(3.) It has been pleaded in the petition that the petitioner lodged false F.I.R. on the basis of fabricated facts under pressure from her husband, bearing Case Crime No. 358 of 2014, under Sections 376 and 506 I.P.C., police station Laharpur, district Sitapur (First Information Report dated 9th September, 2014, Annexure-1). It has further been pleaded that the petitioner is an illiterate person with no knowledge of law. The petitioner did not know the accused.