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PALNITKAR V.V. (Lawyer)     26 December 2015

Magistrate recording statement u/s 164 can try the same case

Whether the magistrate who records statement of a witness u/s 164 Cr. P. C in a case can try and decide the same case or the case to be transferred to some other magistrate? If the same magistrate tries the case, whether it would vitiate the proceeding?


 4 Replies

adv.raghavan (Advocate,9444674980)     27 December 2015

If it falls within his jurisdiction he can proceed with that, if jurisdiction varies he has to transfer the same to the concerned magistrate court or sessions court. it will not vitiate trial.


Rightly suggested by Adv Raghavan

Dr J C Vashista (Advocate)     28 December 2015

Generally the magistrate recording statement u/s 164 Cr PC do not try the same case even if the matter falls under his territorial jurisdiction..

N.K.Assumi (Advocate)     13 September 2016

A judge can not be a judge and a witness simultaneously: like Dr.Jekyll and Mr.Hyde. It will be wise to allow another Magisate to record the same.

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