JUDGMENT : - Heard. Rule. By consent, rule is made returnable forthwith.

2. The petitioners challenge the order passed by the trial Court dismissing the application which was filed by the petitioners for summoning the Inspector of Panaji Town Police to produce the statement recorded under section 162 of the Code of Criminal Procedure of PW. 1 which forms part of the records of Criminal Case No. 146/03/B pending in the Court of Judicial Magistrate, First Class, Panaji. The impugned Order is dated 27 -10 - -2005 and has been passed in Special Civil Suit No. 102/04/B.

3. Placing reliance in the decision in the matter of Malakala Surya Rao and ors. vs. Gundapuneedi Janakamma, reported in AIR 1964 A.P. 198, the learned Advocate appearing for the petitioners submitted that the trial Court clearly erred in rejecting the application on assumption that the statement recorded under section 162 of Criminal Procedure Code cannot be used in civil proceedings. The learned Advocate appearing for the respondents, on the other hand, drawing attention to the ruling of the Apex Court in the case of Khatri and ors. etc. vs. State of Bihar and others, reported in AIR 1981 SC 1068 submitted that the

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