• Prayer for statement under section 164

Complain was lodge before Police.F.I R lodged but I.O. never contacted complainant(my sister)
Charge sheet framed but for objection raised on behalf of the complainant.Complainant prayed for re investigation and submission of statement under section 164.
Whether the prayer is justified.
Asked in Criminal Law from Kharagpur, West Bengal
Religion: Hindu
Whether the prayer is justified or not is to be decided by the court in the light of the facts and circumstances of the case. If the complainant can prove that the investigation conducted thus far has not been fair and conclusive then the court can order re-investigation. If the prayer is denied the complainant can move the High Court. 
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

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construction of section 164 using this word "may" infers that the Magistrate has got discretion to refuse recording of the statement of the witness whether produced or appears. But that discretion must be applied judiciously. This section does not debar recording statement of a witness where he approached directly to the court without being produced through police but limitation is to the effect that it must be "in the course of the investigation under this chapter or at any time afterwards before the commencement of the inquiry and trial". There is another reservation as per Sub-section (5) to the effect that it must be "in the opinion of the Magistrate, best fitted to the circumstances of the case
reference has been made to the decision of a Single Judge of our High Court reported in 1989 BBCJ 605, wherein it has been held that when the informant makes a prayer for recording statements of some witnesses under Section 164, Cr. P.C. when the investigation was going on then the Magistrate should not refuse this prayer. The citation is very short and does not reveal the circumstances of the case wherein such orders have been made. Definitely, the other side of the picture was not considered. The Magistrate has got definite power and authority to refuse recording statement of a witness even if other condition such as "Investigation going on or before the inquiry or trial" are satisfied if in his opinion"same is not best fitted to the circumstances of the case
Ajay Sethi
Advocate, Mumbai
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move to high court, if your petition for re investigation is not allowed by court of A.C.J.M.Jhargram District .
Ajay N S
Advocate, Ernakulam
2070 Answers
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Complainant prayed for re investigation and submission of statement under section 164.Whether the prayer is justified.
If the complainant finds foul lay by the police she can very well seek re-investigation.



What should be next step,if court of A.C.J.M.Jhargram District not allowed prayer for submission of statement on behalf of the complainant and prayer for re investigation. No one contacted ever on behalf of the investigating authority but charge sheet framed
You can file a revision against the orders passed by the lower court with the sessions court stating that the lower court has not considered the merits.
T Kalaiselvan
Advocate, Vellore
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