CHHOTAN PRASAD SINGH & ORS. vs HARI DUSADH & ORS.

The Supreme Court held that affidavits submitted under Section 145(1) of the Criminal Procedure Code, 1898 must be sworn before the Magistrate handling the case, as there is no provision allowing affidavits to be sworn before another authority. The Court clarified that the definition of 'affidavit' under Section 3(3) of the General Clauses Act, 1897 and Section 4 of the Oaths Act, 1873 supports this requirement, emphasizing that only the Magistrate in charge can administer oaths relevant to the proceedings. The appeal was dismissed, affirming the High Court's ruling that the affidavits were inadmissible due to improper swearing.