T.S.DOABIA
Gulam Hussain – Appellant
Versus
Parmanand Dabani – Respondent
T.S. Doabia, J.
1. A short question which has been raised in this revision petition is as to whether the statement recorded in proceedings under section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code), before the police officer can be admitted in plaintiff's evidence.
2. Before noticing various judicial pronouncements on the subject, facts in brief be noticed as under :
Gulam Hussain, the present petitioner filed a suit. This suit has been filed under section 12(1)(c) and (f) of the Madhya Pradesh Accommodation Control Act, 1961. The premises arc apparently non-residential. It is with regard to these very premises, it is stated that some proceedings were initiated under section 145, Criminal Procedure Code. Some statements were said to have been recorded by a police and the plaintiff wants to get them exhibited in his evidence. As per the plaintiff, the statements are signed by the parties and the Court below has permitted that certified copies to be placed on the record. These have, however not been exhibited. An application for summoning the original record was also filed. The requisite permission was granted.
3. What has led the plaintiff/petitione
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