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regarding u/s 161 Criminal procedure code

Querist : Anonymous (Querist) 18 May 2010 This query is : Resolved 
what will effect on a case,if the investigation officer did not file a statment of witnesess,which is recorded u/s 161Cr.P.C.,alongwith chargesheet?
Arvind Singh Chauhan (Expert) 18 May 2010
You didn't mentioned that whether, this witness is enlisted as prosecution witness with charge sheet or not. If he is listed you can seek copy of his statement. If he not listed but his statement has been recorded under 161 by police. You can pray to court to call him for examination.
Querist : Anonymous (Querist) 19 May 2010
sir
witness is enlisted as prosecution witness.
PALNITKAR V.V. (Expert) 20 May 2010
The prosecution can examine such a witness with permission of court even if he is not listed in the charge sheet. Provided that his evidence is material in deciding the case.


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