' MALIK SAEED EJAZ, J.---Learned counsel for the petitioner seeks permission for recording statement under section 164, Cr.P.C. Of the petitioner A in case F.I.R No, 270 of 2007, dated 4-12-2007 registered under section 365-B, P.P.0 at Police Station Saddar, Layyah.
2. The petitioner has earlier applied for recording of statement under section 164, Cr.P.C. But the same was declined by the learned Magistrate, Layyah on 14-1-2008. Learned counsel for the petitioner submits that statement under section 164, Cr.P.C. Of the petitioner has already been recorded on 27-12-2007 by the learned Magistrate, Multan, but even then the petitioner can make her second statement under section 164, Cr.P.C. He relied upon 2007 YLR 2919, Lahore, as there is no legal bar to record second statement under section 164, Cr.P.C.
3. Conversely learned counsel for the respondents Nos.4 to 9 submits that the alleged abductee has already got recorded her statement under section 164, Cr.P.C. Before the learned Magistrate and she has also made her statement before the Investigating Officer under section 161, Cr.P.C. On 11-1-2008 wherein the alleged abductee admitted her marriage with respondent No,4, namely, Muhammad Akram and she had denied the allegation levelled in the ]F.I.R which is lodged by her real mother.
4. The learned counsel for the respondents further argued that the petitioner has also made a similar statement before this Court in Writ Petition No,5499 of 2007 titled as Tahira Parveen v. The S.H.O. And others on 26-10-2007. Now when the petitioner is in the hands of complainant and wants to reopen further gate of litigation as the said case which has already been cancelled by the Investigating Officer though is yet to be endorsed by the learned Illaqa Magistrate. He has further pointed out that proceedings under section 182, Cr.P.C. Have also been initiated against the complainant of the case.
5. After hearing the arguments from both sides it has been noted that the petitioner has approached this Court without availing efficacious remedy available to her with the learned Sessions Judge and the order, dated 14-1-2008 can be challenged before the learned Sessions Judge by filing a revision petition.
6. Since the case has been cancelled , by the Investigating Officer and it is yet to be endorsed by the learned Magistrate, therefore, the petitioner may approach the learned Sessions Judge, Layyah who will look into the previous statements recorded by the petitioner available on the file and decide the same in accordance with law. With this observation this writ petition is disposed of.