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ALI RAZA versus ADDITIONAL SESSIONS JUDGE, SHEIKHUPURA

ECTION Sections 161 and 172 the Complainant's statement made before the Investigating Officer The right of the accused to obtain a copy of such statement ? The statement of all persons investigating by the police in connection with this matter from the fact Regardless, whether their prosecution referred to them as witnesses or not, and it was surprising that the investigating officer did not choose to say that they recorded the statements under Section 161 CCPC doing. - Used cannot be denied access rights. The statements of witnesses in front of the police regarding the hypertonicity that the investigating officer did not refer to as statements under Section 161 CCPC, before all the statements made before the police, even Section 161 CCPC Listed under, or not, the accused should be supplied. Before the Trial - The accused must obtain access to every statement made by the Investigating Officer, either separately under section 161 CCPC or section 172 CCPC, [pp. 229, 230 ]

PLD 2017 Lahore 228

Before Shahid Hameed Dar, J 

ALI RAZA—Petitioner. 

versus

ADDITIONAL SESSIONS JUDGE, SHEIKHUPURA and 2 others—Respondents

Criminal Revision No. 1714 of 2016, heard on 18th November, 2016.

Criminal Procedure Code (V of 1898)—

—Ss. 161 & 172—Statement made by complainant before the investigating officer—Right of accused to obtain copy of such statement—Scope—Statements of all persons examined by the police in connection with the case were to be supplied irrespective of the fact, whether they had or had not been cited by the prosecution as witnesses, and it was immaterial whether the investigating officer did or did not choose to say that he was recording the statements under S.161 Cr.P.C.—Accused could not be deprived of the right of having access to statements made by witnesses before the police on the hypertechnicality that the investigating officer did not describe them as statements under S.161 Cr.P.C,—All statements made before the police, whether recorded under S.161 Cr.P.C, or not, should be supplied to the accused before the trial—Accused must have access to every statement recorded by the investigating officer, either under S.161 Cr.P.C. separately or having embodied it in a case-diary prepared under S.172 Cr.P.C, [pp. 229, 230] A & B

Ch. Muhammad Ashraf Kamboh for Petitioner.

Rana Tassawar Ali Khan, Deputy Proscutor General Punjab for the State.

Tahir Shahzad Kamboh for Respondent No.2.

Date of hearing: 18th November, 2016.

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