statements recorded us 161 crpc not attached with challan
vinod bansal
(Querist) 10 November 2010
This query is : Resolved
R/Members
In a case us 302 IPC accused was not represented by any lawyer,when copy of challan was supplied to him in compliance of sec 207 of crpc,now case has been committed to Sessions court by Ld magistrate,accused engaged me at this stage,i go through the challan and found that statements of alleged eye witnesses of murder recorded us 161 crpc are not attached with challan,though they are cited by prosecution in their list of witnesses,thereafter i inspected the judicial file and found that above stated 161 statement are also not in judicial file.What i have to do at this stage,i want to file a misc application before sessions/trial court narrating all things with a prayer to provide me copies of statements,in absence of 161 crpc statements,how i will conduct cross examination on the witnesses,without confronting their statements recorded us 161 crpc,kindly advice.Regards
Prakash Yedhula
(Expert) 10 November 2010
You are certainly entitled to the copy unless it is excluded under sub- section (6) of section 173. Even there you can seek the court to direct the prosecution to hand over the copies and the court has every discretion to allow or deny your request.
Arvind Singh Chauhan
(Expert) 11 November 2010
Don't miss the chance of asking copies before the charge.
Arun Kumar Bhagat
(Expert) 21 November 2010
You make a prayer. Prosecution shall be directed to supply the same.
Arun Kumar Bhagat
(Expert) 21 November 2010
You make a prayer. Prosecution shall be directed to supply the same.
