MANDIRA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) A question of great importance has been raised, in this writ petition, made under Article 226 of the Constitution of India, the question being whether a person, who is acquainted with the facts of a case, which is under investigation by police, has any right to get his or her statement recorded, under Section 164, Code of Criminal Procedure, by a Magistrate by filing a petition, in the Court of a Magistrate, seeking to get himself examined as a witness under Section 164, Code of Criminal Procedure?

(2.) The question posed above has arisen in the backdrop of the facts as indicated below:

(3.) Aggrieved by the order aforementioned rejecting her prayer that her statement be recorded in terms of Section 164, Code of Criminal Procedure, the Petitioner has, now, impugned the same by way of this writ petition and has sought for a direction to be issued to the learned Sub-Divisional Judicial Magistrate, Mangaldoi, to record her statement as a witness, under Section 164, Code of Criminal Procedure, in connection with the case aforementioned.