Relevant portion of Section 162 Cr.P.C. reads as follows:
"162.- Statements to police not to be
Crl.Appeal No.713/2004 ... opinion, would constitute statement for the purpose
of Section 162 of the Code of Criminal Procedure.
The prohibition relating to the use of a statement
overt act having been proved, Surender cannot be fastened with the
criminal liability of offence of murder or attempt to murder.
7. Learned counsel ... basis of
which FIR was registered is hit by Section 162 Cr.P.C and cannot be
considered. Bhupender is not a person with clean
such
statement or record" in Sub- section (1) of
Section 162 , Criminal Procedure Code,
make it abundantly clear that statements of
witnesses during investigation ... part of such statement or record' in
sub-section (1) of Section 162 of Cr.P.C. make it abundantly clear that
the statement
statements made to
police. There is a clear prohibition under Section 162
Cr.P.C. that a statement recorded ... police cannot be used
except as provided under Sub- Section 2 of Section 162
Cr.P.C. Section 162 Cr.P.C. reads as under
very basis of this case was barred under section 162 of the Criminal Procedure Code. This case must fail on this very ground alone ... section 162 of the Criminal Procedure Code imposes a complete ban on the use of statements recorded by the police officer under section
must,
however, be remembered is that sub-Section (1) of Section
162 of the Code of Criminal Procedure debars a police
officer from obtaining signature ... have reduced into writing. Sub-section
(1) of Section 162 of the Code of Criminal Procedure also
bars such statement, or any record thereof, whether
under Section 169 or 170 CrPC , as the case may be, and
forwarding of a police report under Section 173 CrPC ... commence investigation as
provided under Section 156 or 157 of the Code of Criminal
Procedure (for short "the Code") on the basis
police is ordinarily not admissible in evidence in view of Section 162(1)
Cr.P.C. but as per provision of the Proviso to that ... taken into consideration in view of the
Proviso to Section 162 (1) Cr.P.C. and their subsequent denial in Court is
not believable because
opinion under Section 169 or 170
Cr.P.C ., as the case may be, and forwarding of a police
report under Section 173 ... mentioned in the First Information Report will be
statements falling under Section 162 Cr.P.C.
In such a case the court has to examine
fact that same
happens to be barred in terms of Section 162 Cr.P.C. It has further
been submitted that since Ram Lal Narang ... prosecution is found prohibited under the banner of double jeopardy
under Section 300 Cr.P.C. Apart from this, it has been submitted that
