Delhi High Court stays summoning of accused in decade-old bank fraud case based solely on S. 161 CrPC statements
The Court opined that the issue requires detailed deliberations and stayed the impugned order till next date of hearing.
The Court opined that the issue requires detailed deliberations and stayed the impugned order till next date of hearing.
As an interim measure, the Court restrained the DCP from proceeding further in the matter till the next date of hearing.
“Statement of prosecutrix recorded under Section 164 of CrPC cannot be given preference over the FIR and the statement recorded under Section 161 of CrPC.”
The matter was remanded to the Special Judicial Magistrate for a fresh decision regarding the applications preferred by Ram Rahim and the doctor in view of the present Order.
A written statement sent by post or deliver by another person, may not fall under ‘to examine orally' but a written statement submitted by witness himself to I.O., and if the I.O. has assured its genuineness and reduced it in writing, shall be a statement duly recorded under Section 161 CrPC.
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