presence of the complainant is not
necessary for recording the sworn statement under Section 200 Cr.P.C
and an affidavit in its place ... course in a normal complaint in which recording the
sworn statement under Section 200 Cr.P.C is necessary, the
complainant will normally have
presence of the complainant is not
necessary for recording the sworn statement under Section 200 Cr.P.C
and an affidavit in its place ... course in a normal complaint in which recording the
sworn statement under Section 200 Cr.P.C is necessary, the
complainant will normally have
investigation and
hence sworn statement is to be recorded. It was
adjourned to 3.7.2007. On that day the sworn
statement of revision petitioner was recorded ... which day the sworn
statement of the revision petitioner was recorded,
shows that after recording the sworn statement
learned Magistrate straight away posted the
complaint
demand notice
and in the complaint as well as Sec.200 sworn statement is bereft of
much details and would only briefly state that accused ... versions given by him in the demand notice,
complaint and Sec.200 sworn statement. In those initial pleadings, the
complainant only set up a case
proceedings Under Section 200 Cr.P.C. "inquiry" as defined Under Section 2(g) Cr.P.C? Is the sworn statement recorded before ... sworn statement of the complainant can be reckoned as evidence.The learned Magistrate appears to be under the impression that the sworn statement
recorded the sworn
statement on protest complaint. As per Section 200 of the Code,
sworn statement can be recorded only after taking cognizance ... which cognizance is taken, the court can
proceed under Section 200 and record sworn statement. In other
words, if the court has proceeded under Section
Abdul
Razak ] to bring home the point that the sworn statement
under Section 132(4) has evidentiary value in the
proceedings under ... sworn statement, is the contention taken
by the Revenue.
4. Dhakeswari Cotton Mills Ltd. (supra) was relied
on to urge that the sworn statement taken
case was
then posted for taking the sworn statement of the complainant. After
recording the sworn statement of the complainant the Special Judge
examined ... other words,
if after recording the sworn statements of the complainant and
his witnesses under Section 200 Cr.P.C. the Magistrate is of
opinion
procedure in the presence of the witnesses. The allegation that the sworn statement was recorded under threat and coercion are denied. According ... course of search on October 27, 1995, a preliminary statement and sworn statement under Section 132(4) of the Act were recorded
assessment proceedings under
Section 147 and the assessment proceedings under
Section 143 , absence of issuance of notice under Section
143(2) would have no bearing ... withdraw from the statement or admission, since such
statement had not been made under Section 132(4) ,
which provides for a sworn statement
