SURINDER SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This is an application filed by the newly added respondent No. 2 i.e. complaint in the subject FIR seeking a direction to the respondent No. 1 to record her statement afresh before the concerned Judicial Magistrate. On 05.10.2020, learned counsel for the respondent No. 1/State had sought time to file response to this application, but the same has not been filed, whereas the petitioner has no objection in case the application is allowed.

(2.) I have heard learned counsel for the parries and perused the record of the case.

(3.) The petitioner in the instant case has challenged FIR No. 95/2020 for offence under Section 376 RPC registered with Police Station, Ramban. The FIR has been registered on the basis of a complaint lodged by the newly added respondent No. 2 herein, who happens to be the prosecutrix. By way of the present application, the applicant/respondent No. 2 has submitted that on earlier occasion, her statement under Section 164 Cr.PC stands recorded by the concerned Judicial Magistrate in connection with the investigation of the subject FIR. According to the applicant, the said statement was made by her under force and threat. Now she is seeking to get her statement recorded afresh.