After 14 year how to record statements 164 crpc in court
GIRISH AGRAWAL
(Querist) 06 September 2024
This query is : Resolved
Breif of case….
1. May 2009:- In a 14 year old case, a criminal cheated 24 people and absconded.
2. in July 2009-Out of the 24 people, 8 people filed individual complaints filed to police.
3. In July 2009, a crime was registered in the name of 1 victim out of the 8 complainants and the names of the remaining 7 people were added as witness.
4. After this, from Sep 2016 All the 24 people together formed a victim front and kept filing joint complaints of crime in many offices.
5. In the year 2016, the police presented the absconding charge sheet in the court.
6. The criminal was arrested in the year 2017.
7. Currently, start prosecution evidence in case, but only 8 witnesses are mentioned in the witness list as per charge sheet and remaining 16 victims are not recorded in the list.
Query:
1. If the names of the 16 victims are not recorded in the police chargesheet then how will they record their statements in the court under section 164 crpc.
2. If there is any other remedies please tell me..
Thanks
T. Kalaiselvan, Advocate
(Expert) 06 September 2024
The witnesses are not complainants hence they cannot expect any relief from court through this case.
First of all ascertain whether all the people have filed an individual complaint against the accused, if so what happened to their complaint?
There is no point in recording the statements of the witnesses in 164 cr.p.c. because they are also affected people hence they should have given complaint directly in individual capacity.
\You confirm what it is and revert wit more details.
