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Application 164

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0% found this document useful (0 votes)
41 views3 pages

Application 164

Uploaded by

ADV umedsingh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

IN THE COURT OF DUTY MAGISTRATE, HISAR

(HARYANA)

STATE OF HARYANA VS.


ASHOK

FIR No. 608/2025


Police Station: Barwala
U/s 64(2)(M), 351(3),
123, 77, 315, 332(B) BNS
and 66E, 67, 67(A) of IT
Act

APPLICATION ON BEHALF OF THE COMPLAINANT/PROSECUTRIX


FOR RECORDING FRESH STATEMENT UNDER SECTION 164 CR.P.C.

Most Respectfully Showeth:

1.That the applicant/complainant Kamlesh, aged about


25 years, W/o Rohtash, D/o Kashmiri Lal, R/o
Village Kirawar, Tehsil Tosham, District Bhiwani,
Haryana, had lodged the present FIR No. 608/2025 at
Police Station Barwala.

2.That pursuant to registration of the said FIR, the


applicant’s statement under Section 164 Cr.P.C. was
recorded before the Learned Duty Magistrate Hisar.

3.That the said statement was not given voluntarily


but under undue pressure, threats and coercion
exerted by the applicant’s husband and his family
members, due to which incorrect and false
allegations came to be recorded against the accused
Ashok.
4.That in fact, the applicant was in a consensual
relationship with the accused Ashok, and no offence
of rape or otherwise was ever committed by him.

5.That the applicant now wishes to place the true


facts before this Hon’ble Court by way of a fresh
voluntary statement, free from any external
pressure or coercion.

6.That it is settled law that in the interest of


justice and fair trial, if a witness/victim seeks
to correct her statement given under pressure, the
Hon’ble Court has ample powers to permit recording
of a fresh statement under Section 164 Cr.P.C.

PRAYER
In view of the above, it is most respectfully prayed
that this Hon’ble Court may kindly be pleased to direct
the recording of a fresh statement of the
applicant/complainant under Section 164 Cr.P.C. in the
interest of justice.

Any other order which this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case
may also be passed in favour of the applicant.

Date: ________
Place: Hisar

APPLICANT/COMPLAINANT
Name: Kamlesh
W/o Rohtash, D/o Kashmiri Lal
R/o Village Kirawar, Tehsil
Tosham, District Bhiwani,
Haryana

Through Counsel

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