GULAM HUSSAIN Vs. PARMANAND DABANI

JUDGEMENT

(1.) A short question which has been raised in this revision petition is as to whether the statement recorded in proceedings under section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code), before the police officer can be admitted in plaintiff's evidence.

(2.) BEFORE noticing various judicial pronouncements on the subject, facts in brief be noticed as under :

(3.) WHAT has led the plaintiff/petitioner to come to this Court is that the Court below has expressed an opinion that these statements can be used only for confronting the person as and when he appears in the witness-box, and the statements cannot be permitted to be brought on record as exhibits. It is this part of the order which is being challenged in this revision petition. It has also been highlighted that the persons whose statements have been recorded are also parties in the litigation.