RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The question, raised in this petition, is whether the Petitioners would be entitled to the statements recorded by the Investigating Agency of the various persons u/s 161 of the Code of Criminal Procedure, irrespective of the fact whether the prosecution intends to examine those persons as witnesses or not.

(2.) It is to be noticed that when the Investigating Officer forward a report to the Court, u/s 173 of the Code, he is required, if the case is investigated by the Police, to forward along with such report :

(3.) A bare perusal of this provision would show that it is only the statement(s) of the persons, whom the prosecution intends to examine as its witnesses, are required to be forwarded to the Court and not the statement(s) of the persons, whom the prosecution does not propose to examine.