Munna Pandey vs State Of Bihar on 4 September, 2023
Bench: Prashant Kumar Mishra , B
Where it has been
held that:-
"16. Section 162 CrPC bars use of statement of
witnesses recorded by the police except ... clearly
explained this concept and laid down the words in
Section 162 Cr.PC "if duly proved" clearly show that the
record
This Court held
that once an FIR postulated by the
provisions of Section 154 has been recorded,
any information received after the
commencement of investigation ... notice during the
investigation, will be statements falling
under Section 162 CrPC. No such
information/statement can properly be
treated
under Sections 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.
20.From the above discussion it follows that under the scheme
of the provisions of Sections
opinion under Section 169 or 170 Cr.P.C ., as the
case may be, and forwarding of a police report under Section 173
... notice during the investigation, will be statements falling
under Section 162 Cr.P.C. No such information/statement can
9
properly be treated
those
days. He knows the Code of Criminal Procedure . As per „ Code of Criminal
Procedure ‟ u/s 156 of Cr.P.C , SHO can handover ... knowledge FIR is to be registered u/s 154 of Cr.PC, under section 162 Cr.P.C
means the statement u/s 161
officer,
if such statement does not amount to a confession. Section 162 , CrPC,
should be considered along with section 25 of this ... admissible.
This section 25 protects the accused in respect of a confession made by him
to a police officer, whereas section 162 , CrPC
under Section 169 or 170 CrPC , as the case may be,
and forwarding of a police report under Section 173 CrPC ... notice during the investigation, will be
statements falling under Section 162 CrPC. No such
information/statement can properly be treated
opinion under Section 169 or
170 Cr.PC ., as the case may be, and forwarding of a
police report under section 173 ... Section 169 or 170 Cr.P.C. as the case may be, and
forward his report to the Magistrate concerned
under Section 173(2)
that under the scheme of the
Code of Criminal Procedure what is permitted under Section
173(8) of the Cr.P.C. is further investigation ... facts alleged in the first FIR,
hence, would be prohibited under Section 162 Cr.P.C.
14. It is next submitted that what