MAMTA Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed by the accused persons of S.T. No. 816/2014 pending in the Court of 14 ASJ,Gwalior to quash the order dated 12.01.2015 by which the learned trial Court refused to allow the accused person to take contradictions and omissions from the earlier statements recorded during the course of inquest and police statements recorded under Section 161 of Cr.P.C.

(2.) Briefly, stated the facts arising to file this petition are Session Trial No. 816/2014 is pending before the learned 4th ASJ, Gwalior in which the petitioners stand trial u/S 306/34 of IPC in connection with crime No. 376/14 registered at police station Gwalior. During the course of evidence the petitioners filed an application on 12.01.2015 requesting the Court to further cross-examine Mohan PW/1 on the ground that there are many contradiction and omission in his earlier statements recorded during the inquest and police statement recorded u/S 161 of Cr.P.C. Learned trial Court by the impugned order dated 12.01.2015 observed that these statements are stuck by Section162 of Cr.P.C. read with Section 145 of Indian Evidence Act, hence, cannot be used for contradictions and omissions in the evidence and dismissed the application.

(3.) The petitioners filed this petition u/S 482 of Cr.P.C. on the ground that earlier statement u/S 161 of Cr.P.C. and statement recorded during the inquest can be used for contradictions and omissions. The learned trial Court erred in passing the order which is not correct in the eyes of law. Section 162 of Cr.P.C. turns the Court to use in such part of statements for any purpose. If proved, may be used by the accused with the permission of the Court to contradict.