12/19/23, 9:37 AM March 2022

PLJ 2022 Lahore 181

[Multan Bench, Multan]
Present: ali Zia Bajwa, J.
Mst. ASMA BIBI--Petitioner
versus
STATE, etc.--Respondents
W.P. No. 16142 of 2021, decided on 18.10.2021.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 164--Rule 4(f) of Chapter 13 of Volume-III of Lahore High Court Rules and orders--Recording of statement by magistrate--
Jurisdiction--Direction to--It is not necessary that Magistrate receiving or recording a confession or statement should be a
Magistrate having jurisdiction in case--Magistrate has jurisdiction to record statement of petitioner under Section 164, Cr.P.C.--Any
aggrieved person may ask for recording of his/her statement under section 164, Cr.P.C. to Magistrate--This petition is accepted and
impugned order date 11.10.2021 is set aside and Respondent No. 2 is directed to record statement of petitioner under Section 164,
Cr.P.C.--Petition accepted. [P. 182] A & B
PLJ 2021 Lahore 645 ref.
Ch. Muhammad Imran, Advocate for Petitioner.
Haji Dilbar Khan Mahar, Assistant Advocate General for State.
Date of hearing: 18.10.2021.
Order
Through this constitutional petition, order dated 11.10.2021 passed by learned Senior Civil Judge Criminal Division Multan
has been called into question whereby the application of the petitioner for recording her statement under Section 164, Cr.P.C. in
connection with FIR No. 766/2021, dated 19.09.2021 under Section 365-B PPC Police Station Saddar Lodhran, District Lodhran was
turned down.
2. Arguments heard and record perused.
3. Perusal of the record reveals that as per 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 is reproduced as under:
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.
As per aforesaid rule, it is not necessary 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 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. Any
aggrieved person may ask for recording of his/her statement under Section 164, Cr.P.C. to the Magistrate. Reliance in this regard is
placed on case "Amia Shaheen vs. The State, etc," (PLJ 2021 Lahore 645). Thus, order of learned Magistrate is contrary to law.
4. In view of above this petition is accepted and impugned order date 11.10.2021 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 in accordance
with law.
(K.Q.B.) Petition accepted

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