MOHD MANIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a petiton under Section 482, Cr.P.C. for quashing the order 14 6 1994 passed by the C.J.M. Lohardaga in Lohardaga P.S. Case No. 0067/94, whereby the prayer of the petitioner, an alleged vital witness to the occurrence, for recording his statement under Section 164, Cr.P.C. virtually refused when it was asked by the impugned order that the witness must come through Investigating Agency.

(2.) THE question of law in this case involves a very point as to (1) whether statement under Section 164, Cr.P.C. can be recorded by a Magistrate on a direct request from the witness concerned, (2) whether the Magistrate is bound to do it or has got a discretion in the matter, (3) whether such statement is recorded without involving Investigating Agency in the matter would amount to interference in the investigation.

(3.) A brief fact of the case is necessary to be mentioned for appreciating the points of law involved in the case. An information was lodged on 20 5 1994 at Lohardaga P.S. by the one Mohd. Seraj alleging murder of Mohd. Zubair against Mohd. Maqsood and six others. In the F.I.R. it was alleged that the informant Mohd. Seraj got information about killing of his brother from Md. Manir (petitioner) who according to informant had eye witnessed the occurrence. Loharadaga police registered P.S. Case No. 0067 of 1994 (G.R. Case No. 175/94) under Section 302/34, I.P.C. The case is still pending for investigation.