PREM CHAND JAIN SON OF LATE SHRI RADHA MAL JAIN Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY HOME TO THE GOVERNMENT OF HIMACHAL PRADESH

JUDGEMENT

(1.) BOTH the writ petitions essentially pertain to the same grievance and hence they are disposed of by a common judgment.

(2.) THE petitioner in the former writ petition who has been allegedly examined under Section 161 Cr.P.C. in connection with the investigation of FIR No. 27 dated 3.8.2009 registered under Sections 13(1) (d)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988, by State Vigilance and Anti Corruption Bureau, Shimla, states that he has never given any statement as allegedly recorded as per Annexure P-2 nor has any one met him for recording such a statement. THErefore, the following prayers are made:

(3.) BEFORE adverting to the contentions raised by the parties, we feel it proper to analyze the legal position. Section 160 of the Cr.P.C. clothes the police officer with the power to examine any person in the course of investigation who appears to be acquainted with the facts and circumstances of the case. The provision reads as follows: