164 crpc statements of witnesses
PAVAN KUMAR AKA
(Querist) 24 May 2012
This query is : Resolved
To my knowledge, the witnesses from whom 164 crpc statements are to be recorded shall be produced through Investigating Officers/Prosecution only.
NOW MY DOUBT IS WHETHER, ANY INTERESTED WITNESS IN THE CASE, WHO COMES FORWARD EITHER VOLUNTARILY OR THROUGH ANY ADVOCATE TO RECORD THEIR 164 CRPC STATEMENTS is maintainable and is the Court has to consider their request. IF SO, under which circumstances and provision and if not so, under which circumstances and provisions. Please provide citations if any in this regard by the Apex Court.
Adv.R.P.Chugh
(Expert) 24 May 2012
Mr.Pavan,
It has been judicially established that u/s 164 all and sundry cannot be allowed to put their statements on record as their statements can be motivated, and all sorts of people may flock to the court to get their statements recorded and help the accused set up his defence, since such statements have corroborative value - they might help defence case. Hence Only those who are sponsored by prosecution are allowed to get their statements recorded in court u/s 164 CrPC.
Though if in a case a witness is extremely important (his role is apparent from the FIR and other material at that stage) and IO is supressing him intentionally and not recording his 161 statement - he can make an application for getting his statement recorded before the magistrate.
You are advised to read Joginder Nahak v. State of. Orissa - 2000 - SC for understanding this area of study
PAVAN KUMAR AKA
(Querist) 25 May 2012
Thank you Mr. Bharath Chugh for giving such a citation for me. However I too gone through one Patna High Court
Mohd. Manir vs State Of Bihar And Ors. on 13 September, 1994 citation in this regard. Thanks once again.
PAVAN KUMAR AKA
(Querist) 25 May 2012
Thank you Mr. Bharat Chugh for giving such a Supreme Court citation. However, I gone through the Patna High Court
Mohd. Manir vs State Of Bihar And Ors. on 13 September, 1994 citation also.
Shonee Kapoor
(Expert) 28 May 2012
Your query seems resolved.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
