Shimla: The Himachal Pradesh high court yesterday dismissed two petitions filed by main prosecution witnesses – Dr Kapil Mohan, Managing director Mohan Mekin and Prem Chand Jain – in a corruption case involving former chief minister Virbhadra Singh.
The two had approached the court alleging that there statements recorded under section 161 CrPC in the CD case registered against Virbhadra Singh was false and forged. The duo had urged the court to direct holding of an enquiry by senior judicial authority.
The division bench comprising of Chief Justice Kurian Joseph and Justice Dharm Chand Chaudhary noted that in accordance with criminal procedure code, petitioners needed to approach the investigating officer to allow them for recording their statement under section 164 of CrPC or the trial court would consider all the issues at an appropriate stage.
The court recorded that in case further investigation this case was required the Investigating Officer can take appropriate steps in accordance with law.
In the petitions Mohan and Jain had alleged that their statement was never recorded by any investigating officer.
The duo claimed that they only came to know about their statements through newspapers and same were immediately contradicted.
The two had also pleaded that their alleged statements were defamatory and they had no remedy but to approach high court for deletion of their name from the list of witnesses as they cannot approach the magistrate for recording of statements under section 164 Cr.PC.