The non-recording of the victim's statement under Section 161 of Cr.P.C. does not vitiate the criminal proceedings, and the trial court has the authority to decide the case on its merits.

JUDGMENT :

1. Heard Mr. M. Ibohal, learned counsel appearing for the petitioner. Heard also Y. Ashang, learned PP for the State.

2. This petition has been filed by the petitioner under Section 482 Cr.P.C. to quash FIR No.296 (8) 2014 registered under Section 325 IPC on the file of respondent No.3, lodged by respondent No.4, the charge sheet and the order of the Learned Chief Judicial Magistrate framing the charge.

3. The petitioner, who is an accused facing the trial in Criminal (P) Case No.166 of 2017 on the file of the Ld. Chief Judicial Magistrate, Imphal West, has filed the above petition seeking to quash the criminal proceedings mainly on the ground that the Investigating Officer has not recorded the statement of the victim under Section 161 Cr. P.C. and as such, he has not made his statement as the basis of the charge sheet filed before the learned Chief Judicial Magistrate. As a result, the charge sheet filed by the police is in violation of Section 161 of Cr.P.C. and hence, illegal and void.

4. The second respondent - Director of Prosecution filed affidavit in opposition stating that it is not compulsory to record the statement of the victim under Section 161 Cr.P.C. and it is the finding of the investigation that leads to submit a charge sheet against the accused under Section 173 of Cr.P.C. It is stated that the charge sheet is supported by the injury report of the victim issued by the Medical Officer. There is no defect in submitting the charge sheet and the learned Magistrate has rightly taken cognizance of the offence under Section 325 IPC against the petitioner.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondents.

6. The learned counsel for the petitioner submitted that without recording statement of the victim under Section 161 of Cr.P.C., respondent No.3 laid charge sheet against the petitioner and that the cognizance taken by the learned Chief Judicial Magistrate for the offence under Section 325 IPC against the petitioner with the statement of the victim is illegal. Moreover, the charge sheet is not supported by the prosecution witnesses viz., the complainant and Dr. Nazir. He would submit that despite the legal situations, by an order dated 05.06.2018, the learned Chief Judicial Magistrate, Imphal West framed charge under Section 325 IPC against the petitioner and framing of charge punishable under Section 325 IPC against the petitioner indisputably amounts to miscarriage of justice and abuse of the process of the Court. Hence, the learned counsel prayed for quashing of the charge sheet, including the FIR. In support, the learned counsel for the petitioner placed reliance upon the decisions of the Hon'ble Supreme Court in Satya Narain Musadi and others v. State of Bihar, reported in (1980) 3 SCC 152 and Appeal (Crl.) Case No.1249 of 2007, decided on 18.09.2007 (Dinesh Dalmia v. C.B.I.).

7. On the other hand, the learned Public Prosecutor argued that it is not compulsory to record the statement of the victim under Section 161 of Cr.P.C. and it is the finding of the investigation that leads to submit a charge sheet against the accused under Section 173 of Cr.P.C. Since the charge sheet is supported by the medical report, the non-recording of the statement of the victim under Section 161 of Cr.P.C. is not fatal and the petitioner is not entitled to seek quashing of the criminal proceedings under Section 482 of Cr.P.C.

8. I have considered the submissions made by the learned counsel appearing on either side and also perused the materials available on record.

9. The case of the prosecution, as could be seen from the FIR, is that on 11.08.2014 at about 6.49 P.M., while the victim viz., Mayenglambam Fernando Singh along with some of his friends, was in RIMS road, opposite Nityainanda temple, some unknown persons assaulted him physically by using deadly weapon like stone etc. Regarding the occurrence, the complainant, namely, Ishan Chandam lodged a complaint before Awang Leik