MOHAMMAD YOUSUF THOKER Vs. STATE OF J&K

JUDGEMENT

(1.) Quashment of the order dated 25.3.2011, passed by the Court of Ses sions Judge, Shopian, is sought. In terms of the said order charge against the petitioners (accused) for commis sion of offences punishable under Sections 148, 149, 447, 427, 435, 436 RFC has been framed and the prosecution has been asked to lead evidence.

(2.) Learned counsel for the petitioners in the petition has formulated three issues for consideration and determination, same are reproduced here-un-der:-

(3.) Learned counsel would contend that the statements of three prosecution witnesses, namely, Zamrooda Bano, Umar Ali and Shagufta, have been recorded under Section 164-A Cr. P.C on 2.1.2009, the investigating officer should not have recorded their statements under Section 161 Cr. P. C be cause Section 164-A provides that if during the course of investigation, in connection with the offences punish able with death or imprisonment for seven years or more, statements of the witnesses appear to be material and essential for proper investigation of the case, the police officer shall take such witnesses to the nearest Magistrate for recording their statements.