Wednesday 19 May 2021

Whether Magistrate can record the statement of witness U/S 164 of CRPC in which he has jurisdiction to try the case?

  There may be cases triable by the Magistrate wherein the statement of a witness or an accused may have to be recorded under Section 164 of the Code. In view of the usage of expression “whether or not he has jurisdiction in the case” in Section 164 of the 1973 Code, a Magistrate who has jurisdiction to try the offence can also record the statement of a witness under Section 164 Cr.P.C.{Para 47}

 In the High Court of Madras

(Before Indira Banerjee, C.J. and P.N. Prakash, J.)

Murugasamy  Vs  State 

CRl. O.P. No. 12148 of 2017

Decided on September 15, 2017, [Reserved on: 01.08.2017]

Citation: 2017 SCC OnLine Mad 37658 : (2017) 2 LW (Cri) 345 : (2017) 5 CTC 561 : (2017) 180 AIC (Sum 22) 10

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