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(4) Apart from the question of mala fides and discrimination, the principal question that has arisen for consideration is whether there has been any violation of Ss. 162 and 163 Cr.P.C. and the effect of the violations if any. For the petitioner it is submitted that the signed statements for which assurances had been given to the witnesses are statements taken after investigation commenced and it is a fraud on the procedure to rely on subsequent unsigned statements as statements under S. 161(3) Cr.P.C. for the purpose of S. 173 Cr.P.C. As the S. 161 statements are the material on which the Special Judge has to consider whether the charge is groundless under S. 251-A(2) Cr.P.C. it is submitted that the illegality corroding the foundation vitiates the enquiry and necessitates discharge of the petitioner.