SMT. CHAMPARANI SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE refusal of the Magistrate to record the statement of the victim under Section 164, Code of Criminal Procedure (in short, the "Cr. P.C.") in Nilgiri P.S. Case No. 1l6 of 1998 corresponding to G.R. Case No. 178 of 1998 pending in the file of the sub -Divisional Judicial Magistrate, Nilgiri, has occasioned the present application under Section 482, Cr. P.C. by the victim herself.

(2.) IT is apparent from the impugned order of the Magistrate that she refused to record the statement of the victim on the ground that she did not state anything implicating the accused. It is not well settled by series of decision of this Court recorded in : 47 (1979) C.L. T. 298 (State of Orissa v. Amitava Prasad Das); : 1991(2) O.L.R 68 (Dhaneswar Mallik and Ors. v. State of Orissa and Ors. and : 78 (1994) C.L.T. 621 (Bhim Mallik v. State of Orissa) that Section 164, Cr. P.C. empowers any Magistrate whether he has got jurisdiction in the case or not to record the statement of any person under Section 164, Cr. P.C. such statement can be recorded in course of investigation or even after completion of investigation, but before the commencement of the inquiry or trial. It is further clear from the aforesaid decisions that recording of such statement can be made on the basis of application of the investigating agency, the reformat , the accused or even any witness. It is not necessary that such application should be tiled only by the prosecution, that is to say, only by the Investigating Officer.. It is, of course, true, as observed in those decisions that Section 164 gives a wide discretion to the Magistrate to record such statement, but as observed in the aforesaid decisions, such direction must be exercised judiciously.

(3.) THE Criminal Misc. Case is accordingly disposed of.