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2026 DAILYLAW 1899 (JK)

SHAISTA BANO v. UT OF J AND K TH. SECRETARY HOME DEPARTMENT, JAMMU AND OTHERS

WP(Crl)/67/2026 · 2026-07-22

Ma Chowdhary

Writ Petition (Criminal)body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(Crl) No. 67/2026 CM No. 4850/2026 Shaista Bano, Aged 18 years D/O Bashir Ahmed R/O Village Bharansal, Tehsil Mahore, District Reasi. …..Petitioner(s) Through: Mr. Arshad Majid Malik, Advocate. Vs 1. Union Territory of Jammu and Kashmir through its Secretary (Home), Civil Secretariat, Jammu/Srinagar. 2. The Senior Superintendent of Police, Reasi. 3. The Station House Officer, Police Station, Mahore. 4. Karan Singh Choudhary (Sub-Inspector) Investigating Officer in case FIR No. 0063/2026 C/O Station House Officer, Police Station, Mahore. .…. Respondent(s) Through: Mr. Sumeet Bhatia, GA. CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (22.07.2026) 1. The petitioner, through the medium of present petition, claims to be the victim of sexual assault in a case registered at Police Station Mahore vide FIR No. 0063/2026 dated 18.06.2026 for commission of offences punishable under Sections 64, 351(2) & 88 of BNS, 2023, has prayed that direction be passed to the Police to get her statement re-recorded. 2. Learned counsel for the petitioner submits that the statement of the petitioner was recorded before the learned Magistrate during the course of investigation under the influence of a relative of the accused and, as such, she could not make a truthful statement on 02.07.2026, that the petitioner had later moved a Supp. Cause List-1 Serial No. 83 2 WP(Crl) No. 67/2026 representation to the IO of the case for recording of her statement again, so that she makes a true statement. However, the Police have not taken any steps for re- recording of the statement before the learned Magistrate. 3. Learned counsel for the petitioner further submits that the petitioner would be satisfied, if the present petition is disposed of, at this stage, with a direction to the respondents-Police to consider the representation filed by the petitioner for re-recording of her statement as an important witness being victim in the case. 4. Mr. Sumeet Bhatia, learned GA while appearing for the respondents submits that the respondents have no serious objection to the plea raised by the petitioner, subject to legal provisions in the matter. 5. Having regard to the facts and circumstances of the case and the submissions urged at the Bar, the present petition is disposed of with a direction to the respondents to consider the representation filed by the petitioner for ensuring re-recording of her statement as a witness being victim before the learned Magistrate during the course of investigation. 6. Disposed of, accordingly, alongwith connected application(s). (M A CHOWDHARY) JUDGE JAMMU 22.07.2026 Shivalee Shivalee Khajuria 2026.07.22 14:41 I attest to the accuracy and integrity of this document