In Bhagat Ram v. State of Punjab (Punjab and Haryana High Court, 28 May 1982), a prosecution-listed…

The proviso to section 162(1) lets the accused, and with the court's permission the prosecution, use a police statement to contradict "any witness for the prosecution". Bhagat Ram held that a witness given up by the prosecution and examined for the defence is not such a witness, so the prosecutor could not contradict him with his section 161 statement; earlier listing and the Magistrate's permission did not change this. CrPC ss.161 and 162 are now sections 180 and 181 of the BNSS.