police statement recorded
under Section 161 Cr..P.C. can be used at any trial are
indicated in Section 162 Cr.P.C. Section 162 ... Apex Court not only
in reference to Section 161 Cr.P.C. but Section 162 Cr.P.C. apart
from Section
officer within the meaning of Section 25 of the Evidence Act or Section 162 of the Code of Criminal Procedure and, therefore, a statement made ... envisaged by provisions of Section 25 of Indian Evidence Act or Section 162 of the Code of Criminal Procedure.
7. Section 25 of the Evidence
admissible in evidence as it is hit by the provision of section 162 Cr.P.C. The contention is that the same was submitted ... case and is not hit by the provisions of section 162 Cr.P.C. He has further submitted that the learned Trial Court has considered
first FIR, hence, this document is hit by Section 162 Cr.P.C. and cannot be read in evidence. As per statements of witnesses ... rather the statement of the deceased under Section 161 Cr.P.C. which is hit by Section 162 Cr.P.C.
It has been held
treated as FIR and the same is hit by Section 162 Cr.P.C. and cannot be read in evidence. The prosecution cannot seek much ... within Section 154 Cr.P.C. Therefore^ in our view the report lodged by Bhagwana Ram is not hit by Section 162
enjoined to comply with the formality prescribed therein, Inasmuch as Section 162 Cr.P.C. also permits the cross examiner to use the previous statement ... question of fact. A consultant reading of Section 161(2) with explanation to Section 162 Cr.P.C. makes it clear that an omission
cannot be hit by the provisions of Section 162 of the Code of Criminal Procedure. There is yet another aspect of the legal controversy. Even ... they are hit by the provisions of Section 162 of the Code of Criminal Procedure but these facts can certainly be used to contradict them
under Section 174 Cr.P.C. Starting of the investigation is not the sole criteria of an F.I.R. under. Section 154 ... lodged under Section 154 Cr.P.C. and it is not hit by Section 162 Cr.P.C. There is, also, no unexplained delay
have committed an offence under Section 302 IPC. His offence would not go beyond section 304 Part II IPC , further contends the learned Counsel ... would be hit by the provisions contained in Section 162 Cr.P.C. It is significant to mention that the learned Counsel does not dispute
were made in the police
custody. No statement was recorded under Section 164 of Cr.P.C.
before the Magistrate and no fact was discovered ... such disclosure statements
are hit by Sections 25 & 26 of the Evidence Act and Section 162 of
the Cr.P.C. In this regard
