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MST. ZAINAB BIBI versus S.H.O.


The recording of the statement under Section 164 Constitution of Pakistan (1973), Article 199 Constitution Petition Section 164, CC Petition, which was abducted in this case, was recovered by the Investigation Officer and under this Special Judicial Order to record his statement. Appeal filed in Alka Magistrate , Section 164, CCPC applicant's request to record the applicant's statement was rejected by the Judicial Magistrate because the accused had not been arrested. The statement of the applicant / alleged abductor could not be recorded without giving the accused the opportunity to cross-examine the witnesses presented by the Investigation Officer's authenticity accused, although the witnesses were given the right to investigate, recording the statement until the arrest. Could not be delayed. Section 164, up to the presence of the accused, may prejudice / damage the case of the Magistrate's Prosecution Order for postponing the recording under CRPC, unless it is capable of inspecting the witness, it was not legal Or was based on a correct interpretation of the law order. The magistrate was instructed to record the arrest / alleged kidnapping statement and when it would appear to him.

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