P.K.Deb, J.

1. This is a petiton under Sec. 482, Cr.P.C. for quashing the order 14-6-1994 passed by the C.J.M. Lohardaga in Lohardaga P.S. Case No. 0067/94, whereby the prayer of the petitioner, an alleged vital witness to the occurrence, for recording his statement under Sec. 164, Cr.P.C. virtually refused when it was asked by the impugned order that the witness must come through Investigating Agency.

2. The question of law in this case involves a very point as to (1) whether statement under Sec. 164, Cr.P.C. can be recorded by a Magistrate on a direct request from the witness concerned, (2) whether the Magistrate is bound to do it or has got a discretion in the matter, (3) whether such statement is recorded without involving Investigating Agency in the matter would amount to interference in the investigation.

3. Mr. T.R. Bajaj, the learned Counsel was appointed amicus curie to help the Court in arriving at a just decision with his vast experience in both Bar and Bench.

4. A brief fact of the case is necessary to be mentioned for appreciating the points of law involved in the case. An information was lodged on 20-5-1994 at Lohardaga P.S. by the one Mohd. Seraj alleging mur