WP(C) 3252/2010 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. M. Dutta, learned counsel for the petitioners as well as Mr. P .Roy, learned State counsel. By means of this writ petition, the petitioner No. 1 who is the accused in Uluani P.S. Case No. 52/09 under Section 302/201/34 of the IPC, has prayed fo r a direction to the respondents for production of the petitioner No.2, her son, before the Judicial Magistrate, 1st Class, Kaliabor, Nagaon to expunge the stat ement he had made earlier under Section 164 Cr.P.C. in connection with the said case. The petitioner No. 2, who is a minor had earlier made a statement under Se ction 164 Cr.P.C. In his statement, he has involved two accused persons. Accordi ng to the petitioner No. 1, the earlier statement made by her minor son is a tut ored one and now under her care and custody the petitioner No. 2, i.e. her son, will make a fresh statement. Mr. P. Roy, learned State counsel has produced a letter dated 21.06.2010 addressed to her by the Superintendent of Police, Nagaon in which the facts of the case have been stated. The letter also revealed that the statement of the pe titioner No. 2 was initially recorded under Section 161 Cr.P.C. and thereafter u nder Section 164 Cr.P.C. There is no provision in the Cr.P.C. for rerecording of statement under Section 164 Cr.P.C. Needless to say that statement made by the petitioner No. 2 under Section 164 Cr.P.C. will be subject to further proceeding to be followed during the trial of the case in which the petitioner No. 1 will get ample opportunity to defend her case. In view of the above, the prayer made in this writ petition cannot be gr anted and accordingly it is dismissed.