course of an investigation which is hit
by Section 162 , Criminal Procedure Code. What is
excluded by Section 162 , Criminal Procedure Code
is the statement ... Section 8 and the statement
made to a police officer in the course of an investigation
which is hit by Section 162 CrPC
Section 157 of the Evidence Act, were also to fall under
Section 162 of the Code, it would be Section 162 of the Code
that ... statement would be
inadmissible. Reading Section 157 of the Evidence Act and
Section 162 of the Code of Criminal Procedure together, it is
clear that
Inspector was inadmissible as it was hit by
Section 162 , Criminal Procedure Code. He relied on a decision
of the Andhra Pradesh High Court ... 162 of the Criminal Procedure Code. What is
excluded by Section 162 , Criminal Procedure Code is the
statement made to a Police Officer
treated as an FIR but it was a mere statement under
Section 161 Cr.Pl.C., as the State machinery was set into motion ... other purpose
except as provided in the proviso to Section 162 Cr.P.C.
7. In support of his submission that a telephonic information recorded
exposited Sections
24 to 30 of the Evidence Act and Sections 162 and 164 of the Code
of Criminal Procedure, 1898 to observe that ... been admitted by reason
of Section 25 of the Evidence Act and Section 162 of the
Criminal Procedure Code. The contention was rejected
recorded under Section 161
Cr.P.C the same may amount to a contradiction. Reference was made to
explanation to Section 162 ... state a fact or circumstance in the
statement referred to in sub-section(1) may amount to contradiction if
the same appears to be significant
persons in
the pleadings of previous civil proceedings and statements under
Section 161 Cr.P.C. cannot furnish a foundation for their prosecution
for defamation ... proceeding for prosecution of
an offence under Sections 499 / 500 IPC is concerned, the bar of
Section 162 Cr.P.C. would not be attracted
past, in the presence of pancha, which he has seen
Crl. A. 276/2009 Page 12 of 41
and heard. However, confession is an admission ... accused. He submits that panchnama is not hit by Section 162 , Cr.P.C.
and is admissible under Section 157 , Evidence Act, 1872 as held
Section 157 of the Evidence Act, were also to fall under
Section 162 of the Code, it would be Section 162 of the Code
that ... statement would be
inadmissible. Reading Section 157 of the Evidence Act and
Section 162 of the Code of Criminal Procedure together, it is
clear that
under Section 169 or 170 of Cr.P.C ., as the case may
be and forwarding of a police report under Section 173 of ... section (8) of Section 173 Cr.P.C.
21. From the above discussion it follows that under the scheme of the
provisions of Sections
