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1999 Supreme(SC) 808

K.T.THOMAS, UMESH C.BANERJEE, D.P.MOHAPATRA
Jogendra Nahak – Appellant
Versus
State Of Orissa – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • A witness cannot, on their own initiative, approach a magistrate to request the recording of their statement under Section 164 of the Criminal Procedure Code, nor does a magistrate have the authority to record such a statement at the instance of a stranger (!) (!) .
  • The power to record a statement under Section 164 is primarily reserved for situations involving accused persons, and only when such statements are made in connection with an investigation or inquiry initiated by the police or court proceedings (!) (!) .
  • There is no obligation or specific stage in the criminal procedure at which a magistrate must record statements of individuals who approach them independently, without prior direction from the police or prosecution (!) (!) .
  • If magistrates were required to record the statements of all individuals who seek to have their statements recorded, it could lead to overcrowding of courts and misuse, including potential manipulation by culprits through sponsored witnesses (!) (!) .
  • The law does not empower magistrates to record statements of persons unsponsored by the investigating agency, and such attempts are generally deemed improper and outside the scope of judicial authority under Section 164 (!) (!) .
  • Remedies available to witnesses, such as summoning them during trial or including them as defense witnesses, are sufficient, and there is no need for magistrates to record statements of all potential witnesses who approach them directly (!) .
  • The discretion to record statements under Section 164 rests with the magistrate, but this discretion is limited and should not be exercised to include individuals who are not part of the investigation or prosecution process (!) (!) .
  • The court has rightly disallowed the recording of statements of individuals who approached the magistrate independently, emphasizing that such recordings are not part of the investigative process and should not be used as evidence unless presented during trial (!) (!) .
  • The costs imposed by the court for filing frivolous petitions are within its discretion, and such decisions are not subject to interference (!) .

Please let me know if you need further analysis or clarification on any specific aspect.


Judgment

Thomas, J.-Leave granted.

2. A strange motion has been made before the High Court of Orissa by four persons who are strangers to a criminal case for direction to a magistrate to record their statements under Section 164 of the Code of Criminal Procedure (for short ‘the Code’). The High Court which ini­tially issued such a direction later resiled therefrom and revoked the order on a second thought and mulcted the aforesaid four persons with compensatory costs. They filed this appeal by special leave.

3. The backdrop of the above order can be summarised thus : In an incident which happened on 12-8-1997 at Janumi Village (Ganjam Dis­trict, Orissa) one Balaram Mohanty and his son sustained injuries and later the said Mohanty succumbed to the injuries. F.I.R. was regis­tered with Purusottampur Police Station on the information supplied by Bhagaban Mohanty, brother of the deceased. One Jagadish Murty and three others were arrayed as accused in the F.I.R. and investigation was commenced thereon. On completion of the investigation final report was laid by the police before the magistrate against the said accused persons. According to the present four appellants, though they were inte































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