/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.953 OF 2007 Abdul Majid Fakir Kazi ...Petitioner V/s. State of Maharashtra & Ors. ..Respondents Mr.A.K. Prajapti for Petitioner. Mr.Y.M. Nakhawa, APP for the State. CORAM : V.M. KANADE, J. DATED : 5th May, 2008. P.C.:- 1. Heard learned counsel for the Petitioner. Petitioner is challenging the order passed by the Addl. Chief Metropolitan Magistrate, dated 12/09/2006 whereby complaint filed by the Petitioner U/s.500 of IPC was dismissed by the learned Addl. Chief Metropolitan Magistrate U/s.203 of Cr.P.C. This order was confirmed by the Sessions Court in Revision Application No.1384 of 2006. Both the orders are challenged in this petition. 2. Brief facts, in a nutshell, are that a complaint was filed by the Petitioner for the offence punishable U/s. 307 r/w 34 of IPC and also U/s.35 of Arms Act. In the said complaint, statements were made by the Respondents/Accused before the Court and their statements were recorded / 2/ by the police U/s.161 of Cr.P.C. It is case of the Petitioner that they were acquitted by the Sessions Court and the statements made by the Respondent/Accused were palpably false and as a result of the said statements, Petitioner was defamed. Both the Courts below have not accepted the said submission made by the Complainant. It is an admitted position that statements of the Respondents were recorded by the Investigating Officer U/s.161 of Cr.P.C. and later on these Respondents gave their evidence before the Sessions Court. It is well settled position that statement which is recorded by the police U/s.161 of Cr.P.C. is not admissible in evidence and statement made by the witness in the Court, obviously, falls within the eighth exception of Section 499 of I.P.C. Hence, there is no reason to interfere with the impugned order passed by both the Courts below. Petitioner is, however, at liberty to take out such appropriate proceedings against the Respondents, if so advised. Writ Petition is disposed of accordingly. ( V.M. KANADE, J. )