Appellants again moved the High Court and the following direction was issued by a Division Bench on 24 3 1998 We direct the trial companyrt to companyply with our order dated 22 12 1997 by recording the statement under Section 164 Cr.
F.I.R. was registered with Purusottampur Police Station on the information supplied by Bhagaban Mohanty, brother of the deceased.
However, the magistrate declined to record the statements.
They filed this appeal by special leave.
The High Court permitted the appellants, as per its order dated 22 12 1997, to file a petition before the magistrate for the purpose of recording their statements and the magistrate was directed to pass appropriate orders on such petition.
Pursuant to the said order appellants went to the magistrates companyrt and filed a petition.
The High Court which initially issued such a direction later resiled therefrom and revoked the order on a second thought and mulcted the aforesaid four persons with companypensatory companyts.
On companypletion of the investigation final report was laid by the police before the magistrate against the said accused persons.
The backdrop of the above order can be summarised thus In an incident which happened on 12 8 1997 at Janumi Village Ganjam District, Orissa one Balaram Mohanty and his son sustained injuries and later the said Mohanty succumbed to the injuries.
P.C. It appears that the magistrate, pursuant to the aforesaid direction, recorded the statements of the appellants.
According to the present four appellants, though they were interrogated by the Investigating Officer under Section 161of the Code their statements were number kept in the Case Diary.
THOMAS, J. Leave granted.
A strange motion has been made before the High Court of Orissa by four persons who are strangers to a criminal case for direction to a magistrate to record their statements under Section 164 of the Code of Criminal Procedure for short the Code .
The four appellants filed a writ petition before the High Court for directing the investigating officer to record their statements under Section 161 of the Code and for a further direction to the magistrate companycerned to record their statements under Section 164 of the Code.
One Jagadish Murty and three others were arrayed as accused in the F.I.R. and investigation was companymenced thereon.
