' SYED SAJJAD HUSSAIN SHAH, J.-Though the instant .Petition; the petitioner seeks a direction to the Area Magistrate to record, the statement of the petitioner under section 164, Cr.P.C. Who particularly stated that she was abducted by respondent Muhammad Ijaz and forcibly got her statement recorded under section 164, Cr.P.C. Under coercion and after getting rid out of the clutches of Muhammad Ijaz, the petitioner appeared before the Investigation Officer who produced her before the Magistrate and the Magistrate refused to record her statement under section 164, Cr.P.C.
2. Learned counsel for the petitioner has submitted that there is no-bar under the law to record second statement under section 164, Cr.P.C. Particularly, in the peculiar circumstances as narrated above. Reference may be placed upon the judgment reported as Fozia Shabbir y. Additional Session Judge, Lahore arid 8 others PLD 2006"Lah.
304.
3. I have heard the arguments advanced by the learned counsel for the parties and perused the record with their able assistance.
5. The learned Magistrate in his order dated 16-8-20d6 has not advanced any cogent reasons to refuse recording of second statement of the petitioner under section 164, Cr.P.C. A bare perusal of section 164, Cr.P.C. Does not indicate that the statement of petitioner cannot be recorded under this section, if it already stands recorded particularly, when, in the present ease, the petitioner herself urging, that when she was previously produced before the Magistrate for recording of her statement, she was not a free agent. She was abducted by the respondents and was forced to make a statement on 7-2006. (Although, that , has been recorded but the learned Magistrate on the other hand dismissed the application for recording the statement under section 164 Cr.P.C.), The moment, she got opportunity, she joined her parents and narrated to them what happened with her. As there is no bar" in recording her statement under section 164, Cr.P.C., therefore, this petition is allowed and order of the learned Magistrate dated 16-8-2006 is set aside.
6. The concerned learned Magistrate is directed to record the statement of the petitioner under section 164, Cr.P.C. Strictly in accordance with law.
7. Disposed of accordingly.