Saumitra Dayal Singh, J. - (1.) Heard Sri Harsh Sharma holding brief of Shri. Akhilesh Kumar Pandey, learned counsel for the applicants and Sri Ankit Srivastava, learned A.G.A. for the State.
(2.) The present 482 Cr.P.C. application has been filed to quash the order dated 27.07.2018 passed by the Addl. Sessions Judge, Court No. 5, Aligarh by which that court has rejected the application filed by the applicant no. 1 to record her statement under Section 164 Cr.P.C. in Criminal Misc. Application No. 313 of 2018 that had been filed with reference to Case Crime No. 399 of 2018, under Section- 306 IPC, Police Station- Quarsi, District- Aligarh.
(3.) In short, an FIR was lodged on 23.03.2018 alleging commission of offence under Section 306 IPC. During the police investigation in that case, a statement of the applicant no. 1, is claimed to have been recorded by the Investigating Officer on 29.04.2018, under Section 161 Cr.P.C. Such statement has given rise to the dispute in the present case. The applicant no. 1 alleges her statement had been wrongly recorded by the police. On 23.6.2018, her mother filed an affidavit before the S.S.P., Aligarh making that allegation and basically sought to dilute the prosecution case, at this stage. No action appears to have taken on such application and the investigation remained pending. On 5.7.2018 the applicants then filed an application before the learned Court below to record the statement of applicant no. 1 under Section 164 Cr.P.C. Admittedly, the applicant had not been sponsored by the investigating agency and while no order had been passed on the aforesaid application, on 07.07.2018, the investigating agency submitted a charge sheet under Section 173(8) Cr.P.C. whereon cognizance was taken by the learned Court below on the same date without first passing any order on the application filed by the present applicants - under Section 164 Cr.P.C. Subsequently, on 27.07.2018, the impugned order has been passed by which the learned Court below has rejected the application filed by the applicant no. 1 to record her statement under section 164 Cr.P.C.;