Law: Criminal Procedure Code (V of 1898)

Section: 164

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 164--Jurisdiction of magistrate 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. 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. 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…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492