Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 164---Recording statement of witnesses by the court---Respondent had lodged FIR against the petitioners with the allegations that they while armed with pistols came to a snooker shop, made firing upon the complainant party, resultantly one person injured and thereafter succumbed to the injuries---Complainant filed application before the Judicial Magistrate for recording statements of some prosecution witnesses, which was allowed---Petitioners had alleged that statements of witnesses under S. 164, Cr.P.C. could not be recorded as the names of said witnesses were not mentioned in the FIR---Validity---Statement under S.164, Cr.P.C. could be recorded of any person who was acquainted with the facts of the case and/or any aggrieved person including accused had a right to approach the concerned Judicial Magistrate for recording of such statement---Recording of statement of the witness or witnesses was under the discretion of the Judicial Magistrate---Petitioners could not point out or show that Judicial Magistrate had used his jurisdiction arbitrarily or illegally---Constitutional petition was dismissed. Mst. Mumtaz Akhter v. Illaqa Magistrate, Chakwal and 2 others 1997 MLD 3021; Mst. Mansab Mai v. the State 2005 YLR 1403 and Muhammad Yousuf v. The State and 12 others 2002 YLR 397 ref. Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 164---Statement under S. 164, Cr.P.C.---Evidentiary value---Statement recorded under S. 164, Cr.P.C. was not a substantive piece of evidence but could be used for the purpose of contradiction or corroboration. (c) Criminal Procedure Code (V of 1898)--- ----S. 164---Recording of statement under S.164, Cr.P.C---Scope---Witness appearing directly before the Magistrate for the purpose of recording his statement under S. 164, Cr.P.C.---Magistrate was to apply his judicial mind to find out whether the same would be just and proper and best fitted to the circumstances of the case or not---Magistrate, in doing so could consult the case diary to find out the exact position and trend of…

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