The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 5 1926

establishment of the three High Courts aforesaid or any other Court estalished by the Government of India which is a High Court within the meaning of the Code of Criminal Procedure cannot exercise the power of issuing a writ of habeas corpus. [...] XIV of the Criminal Procedure Code is admissible as evidence ecept as provided in the proviso to the section and that the trial was vitiated on account of the erroneous admission of evidence as to what the complainant and another witness had stated to the investigating police officer. [...] It is humbly submitted with the greatest respect that the yie* ofthe Madras High Court is opposed to (a) the plain meaning of the words of the section and (b) the legislative history of the section. [...] If the phrase " such statement " in the first proviso is interpreted to mean " statement reduced to writing' ' it would follow that the writing itself may be used to contradict the witness; but even under the old Code all the High Courts were agreed that the writing could not be so admitted and still more so under the present 'section the written record of the statement cannot be admittein evi [...] 162 (of the Code of 1808) is too clear to my mind to justify the adoption of the argument that because the writing is.declared inadmissible it must have been the intention of the legislature to shut out oral evidence also of the statement made to a police officer.