JATAN Vs. STATE OF U P

JUDGEMENT

(1.) I. M. Quddusi, J. Heard learned counsel for the petitioners and the learned A. G. A.

(2.) IT appears that in case crime No. 88 of 1998, under Sections 363 and 366, IPC, P. S. Naugavan Sadat, District Jyotiba Phulenagar, an application was moved before the learned Vth Addl Chief Judi cial Magistrate, Moradabad, on behalf of the alleged victim, namely, Smt. Sheela for recording her statement under Section 164, Cr. PC. But the learned Magistrate has rejected the same on the ground that on 18. 5. 1998 Vlth Addl. Chief Judicial Magistrate has already rejected the appli cation for getting the statement recorded under Section 164, Cr PC of the alleged victim and statement under Section 161 Cr PC has already been recorded by the Investigating Officer.

(3.) IN view of the above impugned or der dated 15. 6. 1998 passed by the learned Vth Addl. Chief Judicial Magistrate is quashed.