Steps to be taken by person who come to know that police has recorded his untrue statement which is not stated by him
What is the remedy available to a witness, the moment he comes to
know of certain untrue statements as attributed to him in the Section 161 Cr.P.C.
statement is the question. In terms of the statement recorded during investigation
by the police, naturally, he would be made a prosecution witness by the police.
He would get, if examined either at the stage of inquiry or at the stage of the trial,
ample opportunity to state before the trial Court his version. It would also be
open to such person, on coming to know of the alleged false and fabricated
statement recorded as 161 Cr.P.C., to bring the same to the notice of the officer
superior to the investigating officer, since according to him there is neither any
proper or honest investigation and that the investigation is conducted in a dishonest manner, in which case, it will be always open to the superior police officer
to look into the matter for appropriate further action in the matter in view of his
power under Section 36 Cr.P.C. before the final report, or thereafter for invoking
the power of police for further investigation under Section 173 (8) Cr.P.C
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Decided on: May 31, 2012.
1. CWP No. 145 of 2011.
Prem Chand Jain
Versus
1. State of Himachal Pradesh
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice.
The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge.
Citation;2013 CR L J (NOC) 83(H P)
know of certain untrue statements as attributed to him in the Section 161 Cr.P.C.
statement is the question. In terms of the statement recorded during investigation
by the police, naturally, he would be made a prosecution witness by the police.
He would get, if examined either at the stage of inquiry or at the stage of the trial,
ample opportunity to state before the trial Court his version. It would also be
open to such person, on coming to know of the alleged false and fabricated
statement recorded as 161 Cr.P.C., to bring the same to the notice of the officer
superior to the investigating officer, since according to him there is neither any
proper or honest investigation and that the investigation is conducted in a dishonest manner, in which case, it will be always open to the superior police officer
to look into the matter for appropriate further action in the matter in view of his
power under Section 36 Cr.P.C. before the final report, or thereafter for invoking
the power of police for further investigation under Section 173 (8) Cr.P.C
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Decided on: May 31, 2012.
1. CWP No. 145 of 2011.
Prem Chand Jain
Versus
1. State of Himachal Pradesh
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice.
The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge.
Citation;2013 CR L J (NOC) 83(H P)
