What is the right of an accused to use previous statements recorded u/s 161 Cr.P.C. in a case other than the one being tried? Whether a Sessions Judge can summon police diaries of a case not under inquiry or trial before him for contradicting a witness? What is the applicability of Section 172 Cr.P.C. to summoning case diaries of other cases?

Key Points: - Accused can use previous statements of witnesses recorded u/s 161 Cr.P.C. for contradiction u/s 162 Cr.P.C. and u/s 145 Evidence Act, even from another case, but not as a matter of course without court summoning (!) (!) (!) (!) (!) (!) - Section 172 Cr.P.C. does not permit summoning case diary of a case not under inquiry or trial in the court, as it applies only to the case being tried (!) (!) (!) (!) - Case diary of another case can be summoned u/s 91 Cr.P.C. if court finds production necessary or desirable for trial, without restrictions of S.172(2)(3), but subject to S.162 Cr.P.C. and S.145 Evidence Act (!) (!) (!) - S.172 Cr.P.C. bars accused from calling for or seeing diaries merely because referred by court, except in specific circumstances like refreshing memory (!) - Appeal dismissed, confirming lower courts' allowance to summon diary but clarifying correct basis is S.91, not S.172 (!) (!)

What is the right of an accused to use previous statements recorded u/s 161 Cr.P.C. in a case other than the one being tried?

Whether a Sessions Judge can summon police diaries of a case not under inquiry or trial before him for contradicting a witness?

What is the applicability of Section 172 Cr.P.C. to summoning case diaries of other cases?