Kanwaljit Singh Ahluwalia, J. - (1.) THE present revisional petition has been filed under section 482 of the Code of Criminal Procedure to assail the order dated 2nd November, 2012 passed by the Court of Chief Judicial Magistrate at Port Blair whereby signatures of the witness Shri K. Ram Das appended upon the statements made by him were exhibited. During the examination of the witness, a preliminary objection was raised by the Counsel for the accused that the statement of the witness being under section 161 of the Code of Criminal Procedure is hit by section 162 of the Code of Criminal Procedure and, therefore, the signatures upon such statements are not admissible in evidence.
(2.) THE Magistrate had dismissed the submission by observing as under: Perused the petition. Heard the both at length. Gone through the provision of law. Gone through the document of signature in question. I find that the documents is a statement of the witness with regard to the seizure, and it is fact that the statement made under section 161, Cr.P.C. not evidence under section 74 of the Evidence Act, but that is the evidentiary value of the statement and the signature thereon cannot be decided at this stage. As per finding of the Supreme Court in different cases it is pointed out that if any objection raised during the exhibiting any documents the Court may endorse with objection and the admissibility of that evidence be decided at the time of argument and judgment for safe the time of the Court. So, I am of the view that the signature may be exhibited with objection and after evidence and completion of evidence and argument the admissibility of the evidence with regard to this documents be decided. So the prayer of the accused is hereby rejected as per above statement. Before passing the above order, the Court below had noted the contention of the learned Assistant Public Prosecutor that the statement has not been recorded by the Investigating Officer for the purpose of section 161 of Cr.P.C. but was recorded for another purpose i.e., in connection with the seizure.
(3.) THE arguments advanced by the learned Public Prosecutor before the Court below and the reason propounded by the Trial Court pale into insignificance if the scheme of the trial arising out of the police case and complaint case are taken into consideration. Chapter XII of the Code of Criminal Procedure is regarding information to the police and their power to investigate. After FIR is registered under section 154 of the Cr.P.C., the investigation of cognizable case commences under section 156 of the Cr.P.C. Thereafter, procedure for investigation has been enumerated in section 157. Under section 161, statement of witness are to be recorded by the Police Officer. Section 162 states that statement made by any person, to a Police Officer in course of an investigation if reduced into writing shall not be signed by the witness. A remarkable distinguish is that a Police Officer who record a statement of the witness under section 161, Cr.P.C. shall not obtain signatures of the witness.;