RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed by the petitioner-victim, who had lodged the complaint against the accused, which was registered as an FIR under Section 156(3) Cr.P.C. and sent for investigation to the Investigating Officer. An FIR was registered under Sections 406, 420, 167, 467, 468, 471 and 120-B IPC wherein an allegation has been levelled of the accused having committed an embezzlement of a huge sum of Rs.6,07,29,306/-.

(2.) The grievance of the petitioner-victim is that when he appeared before the Investigating Officer, his statement was wrongfully recorded under Section 161 Cr.P.C. by the Investigating Officer and he, therefore, moved an application to the concerned Magistrate seeking liberty to give his statement under Section 164 Cr.P.C. on oath so that the correct facts may come out before the court. It is his submission that the Investigating Officer was trying to help the accused and was therefore not recording the statement of the petitioner correctly.

(3.) Learned counsel points out that the statement was recorded by the Investigating Officer on 9.7.2020 and when the petitioner learnt that the statement has been wrongfully recorded, he immediately moved an application on the next date before the concerned Magistrate.