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2014 DIGILAW 1382 (RAJ)

SAMANDER SINGH v. STATE OF RAJASTHAN

2014-07-10

RAGHUVENDRA S.RATHORE, V.K.MATHUR

body2014
JUDGMENT : 1. While detenu was produced before this court on the earlier date of hearing i.e. 8.7.2014, it was informed that 9.7.2014 has already been fixed by ACJM No. 1, Ajmer for recording of statement of the detenu u/s. 164 Cr.P.C. in the Court of ACJM No. 3, Ajmer. Therefore, the Investigating Officer was directed to have the statement of the detenu recorded u/s. 164 Cr.P.C. before the aforesaid court. 2. Today, the Investigating Officer placed before us the statement purporting to be u/s. 164 Cr.P.C. recorded on 9.7.2014 by Shri Pradeep Kumawat, Trainee RJS attached with Special Acjm, Pcpndt, Ajmer and it does not even bear the seal of the court. 3. A question which arises for consideration is as to whether a Trainee RJS attached with the court is competent to record the statement u/s. 164 Cr.P.C. or not. The provision of section 164 Cr.P.C. reads as under: 164. Recording of confessions and statements. - (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial." Further sub-section (5) reads as under: "(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded". 4. In other words, any Metropolitan Magistrate or Judicial Magistrate may record statement made to him in the course of the investigation under Chapter XII or any other law for the time being or at any time afterwards before the commencement of the inquiry or trial. Such statement shall be recorded in the manner provided for recording of evidence and the Magistrate shall have power to administer oath to the person whose statement is so recorded. 5. Such statement shall be recorded in the manner provided for recording of evidence and the Magistrate shall have power to administer oath to the person whose statement is so recorded. 5. On consideration of relevant provision of law, we are of the considered opinion that a Trainee RJS attached to any Magistrate is not a Judicial Magistrate with reference to the provision of section 164 Cr.P.C. and as such he is not competent to record such statement. Further a Trainee RJS is not a Magistrate who has power to administer oath to the person whose statement is so recorded. Therefore, the Investigating Officer is directed to have the statement of the detenu recorded u/s. 164 Cr.P.C. again before a Magistrate who is competent to do so.