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1 - 10 of 22 (0.38 seconds)Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Narender vs State Of Haryana And Anr on 27 November, 2018
16."........The fact, that the prosecution
after investigations has found no material to charge
the present appellant is also cannot be ignored...."
To the same effect, he relied upon a judgment of a co-ordinate
Bench of this Court, in Narender vs. State of Haryana and another 2019
(1) RCR (Criminal) 712.
Rajendra Singh vs State Of U.P. & Anr on 6 August, 2007
This would further need to be seen with the fact that in the
judgment rendered in Rajendra Singhs' case (supra), it was held that even
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statements of witnesses recorded under Section 161 of the Code are not
admissible in evidence and could not be taken into consideration and as such
the high court (in that case), had relied upon wholly inadmissible evidence to
set aside the order passed by the trial court.
S. Mohammed Ispahani vs Yogendra Chandak on 4 October, 2017
Similarly, in S.Mohammad Ispahanis' case (supra), again it was
held that material evidence collected by the investigating officer at the stage
of inquiry can only be used for corroboration and to support the evidence
recorded by the court, as regards invoking jurisdiction under Section 319 of
the Code.