Citation Name: 2023 PCrLJ 316 LAHORE-HIGH-COURT-LAHOREBookmark this Case NIRMA SHAHZADI vs State S

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Citation Name: 2023 PCrLJ 316 LAHORE-HIGH-COURT-LAHOREBookmark this Case NIRMA SHAHZADI VS State S. 365-B--- Criminal Procedure Code (V of 1898), S. 164---Kidnapping, abducting or inducing woman to compel for marriage---Second statement, declining of---Change of version---Scope---Petitioner was allegedly abducted by respondents/accused persons and her statement under S. 164, Cr.P.C. was recorded before Judicial Magistrate---Subsequently petitioner wanted to get her another statement recorded but Judicial Magistrate declined---Validity---Petitioner categorically stated that respondents/accused persons did not violate her chastity who cross-examined her at length as they were present in custody---Petitioner subsequently filed a suit for Jactitation of marriage against one respondent/accused in Family Court and moved application before Magistrate for again recording her statement under S. 164, Cr.P.C.---Petitioner again alleged that respondent/ accused had infact raped her and she deposed to the contrary at the instance of investigating officer who suggested her that she should conceal the fact as nobody would marry her if she disclosed that fact---Even if petitioner was believed, element of coercion or duress was conspicuously missing---Whatever petitioner stated before Judicial Magistrate was of her own volition and was on oath---Petitioner could not be permitted to change her stance and aggravate the offence with which respondents/accused persons were charged---High Court declined to interfere in the order passed by Magistrate as he had rightly held that permission for recording second statement of person could not be recorded mechanically and no exceptional circumstances existed so as to justify it---Petitioner failed to point out any legal infirmity in the order passed by Magistrate---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 PCrLJ 316 LAHORE-HIGH-COURT-LAHOREBookmark this Case NIRMA SHAHZADI VS State S.164(1)---Word "may"---Effect---Word "may" in S.164(1), Cr.P.C. shows that power conferred on Magistrate is discretionary.

Citation Name: 2023 PCrLJ 316 LAHORE-HIGH-COURT-LAHOREBookmark this Case NIRMA SHAHZADI vs State S — 2023 PCrLJ 316 LAHORE-HIGH-COURT-LAHORE

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