24/12/2021
بیان زیر دفعہ 164 ض ف کوئی بھی مجسٹریٹ قلمبند کر سکتا ھے۔
قانونی طور پر یہ ضروری نہ ھے کہ بیان زیر دفعہ 164 ض ف صرف علاقہ مجسٹریٹ کے روبرو ہی قلمبند ھو
متعلقہ تھانے کے علاقہ مجسٹریٹ کے دوسرے ضلع کے مجسٹریٹ کے روبرو بھی بیان زیر دفعہ 164 ض ف قلمبند کرایا جاسکتا ھے
PLJ 2021 Lahore 645
[Multan Bench, Multan]
Present: Anwaarul Haq Pannun, J.
Mst. AMNA SHAHEEN--Petitioner
versus
STATE, etc.--Respondents
W.P. No. 6084 of 2021, decided on 19.5.2021.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 164--Jurisdiction of magistrate--Petitioner contracted marriage with her free will and consent against wishes of her parents--Her mother got registered a criminal case at Rawalpindi against her husband etc.--Petitioner filed application before judicial magistrate at Multan for recording her statement u/S. 164, Cr.P.C. which is dismissed with observation to approach competent Court at Rawalpindi--It is not imperative that magistrate receiving or recording a confession or statement should be a magistrate having jurisdiction--Any aggrieved person may ask for recording statement u/S. 164, Cr.P.C. to magistrate--Petition is allowed and judicial magistrate is directed to record statement of petitioner u/S. 164, Cr.P.C. [Pp. 646 & 647] A, B, C, D & E
Syed Imran Abbas Kazmi, Advocate for Petitioner.
Malik Shoukat Mehmood Marha, AAG. for State.
Date of hearing: 19.5.2021.
Order
Through the instant constitutional petition under Art. 199 of the Constitution of Islamic Republic of Pakistan, 1973, following prayer has been made by the petitioner:
“Under these circumstances, it is most respectfully prayed that instant petition may kindly be accepted and impugned order dated 13.04.2021 passed by the Respondent No. 2 may very kindly be set aside while declaring the same as illegal, void, ab initio corrum non-judice, against the law and facts and in consequence thereof learned Senior Civil Judge Criminal Division, Multan/Respondent No. 2 may very kindly be directed to record the statement of the petitioner u/S. 164 Cr.P.C. in the instant case/FIR by allowing the application filed by the petitioner, in the supreme interest of justice.
Any other relief which this Hon’ble Court deems fit and necessary may also be awarded to the petitioner”.
2. The promo of facts necessary for the disposal of instant petition are that petitioner with her own free will and consent, however, against the wishes of her parents contracted Nikah/marriage with one Ahtasham Azam alias Chahat Azam, Caste Arain, R/o Basti Khudadad, Sher Shah Road, Multan vide Nikahnama dated 16.02.2021 and her mother/Respondent No. 3 got registered FIR No. 125/2021, dated 16.02.2021 under Section 365-B, PPC at P.S. Race Course, District Rawalpindi against her husband and others about her abduction whereas it has been mentioned that she has never been abducted by any person. On account of danger to her life in District Rawalpindi, she filed an application before learned Sessions Judge, Multan to mark application to any Judicial Magistrate for recording her statement u/S. 164 Cr.P.C in the aforesaid FIR and the same was dismissed by Senior Civil Judge, Criminal Division, Multan vide order dated 13.04.2021 with the observation that the petitioner is at liberty to approach the Court/Magistrate of competent jurisdiction at Rawalpindi. Hence, instant petition.
3. Arguments heard. Record.
4. In order to answer the question involved in this case, Rule 4(f) of Chapter 13 of Volume-III of Lahore High Court Rules and Orders in which important features of Section 164 Cr.P.C. are mentioned which for convenience is reproduced infra:
4. Some important features of Section 164 as it stands, now are:-
(f) It is not necessary that the Magistrate receiving or recording a confession or statement should be Magistrate having jurisdiction in the case.
Bare perusal of aforesaid Rule, it is crystal clear that it is not imperative that the Magistrate receiving or recording a confession or statement should be a Magistrate having jurisdiction in the case. So, in view of above, it is crystal clear that learned Magistrate/Senior Civil Judge (Criminal Division), Multan has jurisdiction to record statement of the petitioner under Section 164, Cr.P.C. and there is no bar to record her statement as mentioned op-cit. Other question that who can make request for recording statement under Section 164, Cr.P.C. It is well settled that any aggrieved person may ask for recording his statement under Section 164, Cr.P.C. to the Magistrate. Thus, order of learned Magistrate is contrary to law as mentioned op-cit. Reliance is placed upon unreported order of this Court dated 04.03.2021 passed by this Court in constitutional petition bearing W.P. No. 2335 of 2021 titled Mst. Asma Bibi v. State, etc.
For what has been discussed above, while allowing instant petition, impugned order date 13.04.2021 is set aside and SCJ, Criminal Division, Multan/Respondent No. 2 is directed to record statement of the petitioner under Section 164, Cr.P.C. in the aforesaid FIR quite in accordance with law.
(K.Q.B.) Petition allowed
