How do get record the statement of a victim before the trial court through an application? What is statement U/S 164 Cr.P.C? The sample/ draft is given here.

Application for recording of statement U/S 164 Cr.P.C

Purpose: to get record the statement of the victim before the magistrate in a criminal case.

Forum: Before the court of Magistrate.

Parties/title:        Applicant               Vs            The State

 APPLICATION FOR APPROPRIATE ORDER FOR THE RECORDING OF STATEMENT UNDER SECTION 164 CR.P.C  

Respectfully Sheweth,

That the applicant is the victim in a criminal case FIR No. 001, dated 01.01.2022, an offense under section 365 PPC, police station Ramna. After the recovery of the applicant/abductee, the investigating officer produced the applicant before the Duty Magistrate for medical examination as well as for the recording of statement U/S 164 Cr.P.C.

Since 20.01.2022, the applicant was medically examined upon the direction of the learned Duty Magistrate, but the statement U/S 164 Cr. P.C of the applicant /abductee was not recorded and the matter was adjourned.

That thereafter on 25.02.2022, the applicant /abductee put her appearance again along with investigating officer before the learned Duty Magistrate for the recording of her statement U/S 164 Cr. P.C but the learned duty magistrate did not record the statement of the abductee and again adjourned the matter without any reason or lawful justification.

That till now for the last 25 days, the applicant /abductee along with investigating officer regularly appears before the duty magistrate for a recording of her statement but till now, no statement of the applicant/abductee was recorded by the learned duty magistrate and during the pendency of the said proceedings one of accused put his appearance before the learned duty magistrate and moved an application to send the applicant in Dar-Ul-Aman, which was turned down by the learned duty magistrate but amazingly the statement of the applicant/abductee was not recorded and according to the provision of Section 164 Cr.P.C. the learned duty magistrate is duty bound to record the statement of abductee in the first instance but in the instant case the duty magistrate failed to record the statement of the applicant and the matter is still lingering on without any lawful reason or justification.

That through the instant application, the applicant seeks to record her statement U/S 164 Cr.P.C, and if the instant application is not accepted, then it will amount to irreparable loss to the applicant.

PRAYER:

In view of the above, it is most humbly prayed that instant application may kindly be accepted and statement U/s 164 Cr. P.C of the applicant/abductee may graciously be recorded without any further delay, for the best interest of justice.

Applicant (In person)