SARITHA S.NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Is a statement recorded under Sec. 164 of the Criminal Procedure Code a public document falling under Sec. 74(1) (iii) of the Indian Evidence Act?

(2.) The Enforcement Directorate registered an Enforcement Crime Investigation Report as ECIR/KCZO/31/2020 against three accused on 13/07/2020 under Ss. 16, 17 and 18 of the Unlawful Activities (Prevention) Act 1967. After investigation, a prosecution complaint under Ss. 44 and 45 of the Prevention of Money Laundering Act, 2002 (for short 'PMLA ') was filed at the Special Court (PMLA), Ernakulam on 6/10/2020 reserving the liberty to file a supplementary complaint, if any. The Special Court took cognizance of the offence and numbered the case as SC No.610/2020. After further investigation, a supplementary prosecution complaint was filed against the accused No.4 reserving right to file additional supplementary complaint as provided under Sec. 44(1)(d)(ii) of PMLA. Further investigation is in progress. During its course, the accused No.2 gave a statement under Sec. 164 of Cr.P.C on 06/06/2022 and 07/06/2022 before the Chief Judicial Magistrate, Ernakulam.

(3.) The petitioner herein who is alleged to be a witness in the above case filed an application at the Special Court seeking a copy of the statement under Sec. 164 of Cr.P.C given by the accused No.2. According to the petitioner, the accused No.2, in her statement had made certain imputations against her for which she intends to pursue a legal remedy.