BROUGHT  TO YOU  BY   RAJEEV BHATJIWALE

 JOGENDRA NAHAK V/S STATE OF ORISSA AIR 1999 SC 2565

section 164 (1) cannot be interpreted as empowering a  magistrate to record the statement of a person un sponsored by the investigating agency even for such witnesses provisions are available in law they can be produced as defence witnesses during trials or can be examined as court witnesses under section 311 if this is allowed then too many persons sponsored by culprits might reach before the magistrate for purpose of creating record in advance for the purposes of helping the culprits.

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Last modified: March 22, 2001