GURUBASAPPA Vs. KRISHNABAI

JUDGEMENT

(1.) A short question raised before this court is, whether the statements of the complainant and the witnesses recorded at the pre -cognizance stage can be used 'as evidence before framing of the charges' ?.

(2.) IN this particular case, the petitioner and others arraigned as accused persons in a private complaint filed by the respondent under Section 200 of Cr.P.C. for the offences punishable under Sections 420, 465, 468, 471, 504 and 506(2) r/w, Section 34 of IPC. The said complaint was referred to the police under Section 156(3) of Cr.P.C. 'B' Summary Report was by the police. The same was contested, protest petition was filed and thereafter, the complainant has entered into the witness box after the Court took cognizance, to give her sworn statement. The Trial Court has considered the contents of the sworn statement and the complaint and issued process to the accused persons. After appearance of the accused, the case was posted for evidence before charge. At this stage, the complainant filed a memo stating that whatever the statements already recorded by the Court immediately after taking cognizance, before issuance of process to the accused, may be treated as 'evidence before charge' on the side of the complainant. The Trial Court has accepted the said memo and posted the case for crossexamination of PW.1. The said order is challenged before this Court.

(3.) THE above said controversy has been directly resolved by the Hon'ble Apex Court in a decision Sunil Mehta Vs. State of Gujarat, 2013 9 SCC 209, wherein the Apex Court at Head Note 'A' has categorically laid down the principle as under: -