files in view of the
provisions of Section 172 Criminal Procedure Code ( Cr.PC ), Section 126
Evidence Act and Sections
files in view of the provisions of
Section 172 Criminal Procedure Code ( Cr.PC ), Section 126 Evidence Act and
Sections
State vs 1. Ram Kishan on 9 November, 2022
IN THE COURT OF SH. SANJEEV
Apex Court that:
"8. A statement under Section 164 of the Code of Criminal
Procedure is not substantive evidence. It can be used ... under Section 161 Cr.P.C. and gist
of it must find a place in his Case Diary (C.D.) (See Section 172
memos, site plan bear date July,
2010. Even statements of witnesses u/s 161 Cr.P.C. were recorded in 2010 and
entire investigation ... including ASI Hira Lal. As per Section 172 Cr.P.C., a police officer making an
investigation is required to enter
contentions seem unfounded. Ld. LAC was apprised about section 172 Cr.P.C
which requires entering of proceedings of investigation in a diary and asked
However, section 2 (r) of the Criminal Procedure Code, 1973
(briefly Cr.P.C .) defines 'police report' and in section 173 (2) ... requirement of section
Crl. Appeal No. 23/18 State Vs. Ravi Kumar Page 4 of 8
172 Cr.P.C ., there is no reference
proclamation under Section 82 CrPC has been made a substantive
offence, the provisions of Section 174A IPC are required to be
invoked against ... Code of Criminal
procedure. It occurs in other provisions of criminal law e.g. Sections
87 and 90(a) CrPC and Section 172
Appeal vitiates the judgment and confirmation required by the Criminal Procedure Code .
12. Under Section 172 of the Code every police officer making an investigation ... plainly wrong. It was inconsistent with the provisions of Section 172 of the Criminal Procedure Code. To use the diary for the purpose they
issued under Section 96 or 98. The search warrant is issued not under the Criminal Procedure Code but under Section 172, Sea Customs ... Criminal Procedure Code provides.
Section 96 of the Code speaks about an inspection but does not mention anything about seiaure. But the provisions of Sections