• Section 164 of CrPC

Weather a magistrate who has recorded statement of witness under section 164 of Crpc can try said proceeding on trail.
Asked 1 year ago in Criminal Law from Navi Mumbai, Maharashtra
Religion: Hindu
Yes he/ she can, there is no bar.
Nadeem Qureshi
Advocate, New Delhi
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151 Consultations
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Yes why not. 
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
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Yes, very much. There is no impediment in trying the proceeding by the same magistrate.
Devajyoti Barman
Advocate, Kolkata
6916 Answers
78 Consultations
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1. Yes, why not?

2. There is no bar in his hearing the case under  trial.,

3. You should have givrn full facts of your case.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
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Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:


 The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

T Kalaiselvan
Advocate, Vellore
17540 Answers
166 Consultations
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T Kalaiselvan
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