AFILADUIN SARDAR AND ORS. Vs. STATE

JUDGEMENT

(1.) This Rule was issued on the District Magistrate of 24-Parganas to show cause why certain proceedings pending against the petitioners in the Court of a Magistrate at Basirhat should not be quashed.

(2.) It appears that one of the petitioners, Afiladdin Sardar. lodged information at the Police Station. Baduria on the 10th Jan., 1953, alleging that Ferastulla Gazi and three other persons had committed house trespass with assault and mischief. Ferastula Gazi was examined by the Police and in course of such examination he made a statement which was recorded by the police under section 161 of the Code of Criminal Procedure. In this statement Ferastulla Gazi accused Affluddin Sardar and several others of haring committed offences under sections 448, 324, 326 and 304 of the Indian Penal Code. This was treated as a F.I.R. Investigation was started of the case thus instituted and charge-sheet has been submitted by the police against the petitioners.

(3.) It is contended on behalf of the petitioners that the statement of Ferastulla recorded during the investigation of the offence alleged by Afiluddin Sardar cannot form the basis of any investigation under Chapter V of the Code of Criminal Procedure. In our opinion there is no substance in this contention. Sec. 162 of the Code of Criminal Procedure provides that