CHHOTAN PRASAD SINGH & ORS. versus HARI DUSADH & ORS.
Affidavits to be used as evidence under section 145 of the Criminal Procedure Code must be sworn or affirmed before the Magistrate dealing with the proceedings. Affidavits not sworn before such Magistrates are not admissible as evidence in those proceedings.
- Parties
- Appellant: Chhotan Prasad Singh & Ors.; Respondent: Hari Dusadh & Ors.
- Jurisdiction
- India
- Judgment Date
- 24 November 1976
- Procedural Posture
- Criminal Appeal / Appeal by Special Leave From Patna High Court's Criminal Revision Decisions
- Outcome
- Appeals dismissed
- Legal Topics
- Affidavits, Section 145 Cr PC, Oaths Act 1873
Case Brief
Summary, issues, holding and outcome
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Parties
Chhotan Prasad Singh & Ors.
Appellant
Hari Dusadh & Ors.
Respondent
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Patna High Court's Criminal Revision Decisions
Legal Issues
- 1 Whether affidavits sworn before magistrates not in seisin of the case under section 145 CrPC are admissible evidence
Ratio Decidendi
Affidavits to be used as evidence under section 145 of the Criminal Procedure Code must be sworn or affirmed before the Magistrate dealing with the proceedings. Affidavits not sworn before such Magistrates are not admissible as evidence in those proceedings.
Court Disposition
Appeals dismissed
Orders
- Affidavits not sworn before the Magistrate in seisin of the case are inadmissible as evidence under section 145 CrPC
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