conviction on
the basis of statement under Section 161 CrPC. A statement under Section
161 CrPC is not a substantive piece ... Section 161 CrPC. A
statement under Section 161 CrPC can be used only for the purposes
mentioned in Section 162 CrPC
been lodged by one party comes under Section 154
Cr.P.C. is not hit by Section 162 Cr.P.C. In Thota Ramakrishnayya ... Counter-complaints received even during investigation are not hit by
Section 162 , Criminal Procedure Code. They are not different from
independent and fresh complaints made
State of Uttrakhand And Another (2015) 9 SCC 588:
16. Section 162 Cr.P.C. bars use of statement of witnesses
recorded by the police ... Section 162 of Code also
permits the cross-examiner to use the previous statement
of the witness (recorded under Section 161 of the Code
registered a complaint; and therefore, the complaint is hit
by Section 162 of Cr.P.C. and, in reality, it cannot be
considered ... cannot be the first
information and it is hit by Section 162 of Cr.P.C. and
that it can be treated as a statement
cannot be said to have been
impeached and not hit under section 162 Cr.P.C.
P.W. 4, Soumen Mondal
offence under Section 365 IPC against Selvam [A1]. The printed FIR [Ex.P.42] and the complaint [Ex.P.1] reached the jurisdictional Magistrate ... Sketch [Ex.P.86] are inadmissible in evidence in view of Section 162 Cr.P.C., as they have been prepared based on the statement
identification of
material objects in the police station is hit by Section 162 of
Cr.P.C. Reliance on this decision in our view ... identifying witnesses which would
fall within the bar of Section 162 Cr.P.C, but in the same
paragraph, the Hon'ble Supreme Court
report under Section 173(2) has been forwarded to
the Magistrate, may be a fit case for exercise of power
under Section 482 ... facts mentioned in the original
complaint, hence, will be prohibited under section 162
Cr.P.C. However, this rule will not apply to a counter
entertaining the statement as an exhibit because it was
hit by Section 162 Cr.P.c. Be that
person so that the defence may use it in
accordance with section 162 of Cr.P.C. The statement recorded
should ... defeat
the right which the law bestows on the accused under section
162 of Cr.P.C. Rule 162 (a) of Orissa Police Rules indicates
