The question in this revision is whether a District Superintendent of Police can plead privilege under section 124 of the Indian Evidence Act in respect of statements made by the witnesses in an investigation made by his subordinates. The accused is a Sub-Inspector of Police. A complaint was made against him to the District Superintendent of Police and on the complaint he directed the Circle Inspector of Police to make an investigation. During the course of the investigation statements were recorded from various persons. On enquiry the police did not take any action. Then a private complaint was filed in the Court of the Sub-Magistrate, Vizianagaram. The accused filed an application for calling for the statements recorded by the Inspector for the purpose of contradicting the witnesses. The District Superintendent of Police in his letter dated 6th March, 1950 (R.C.No. 6810 R. 3/99) claimed privilege in respect of those statements. The Stationary Sub-Magistrate, Vizianagaram, accepted his plea and held that the statements could not be given to the accused for the purpose of contradiction. A revision petition was filed to the District Magistrate of Visakhapatam against that ord