Case Note & Summary
The petitioners, original accused in a criminal case under Sections 467, 471, 402 read with 34 IPC, challenged an order of the Metropolitan Magistrate dated 3 January 2020. The order merely noted that Section 313 CrPC is clear and incriminating circumstances are to be put to the accused. The petitioners sought a direction that the court provide them with copies of the questions to be put under Section 313 CrPC before the examination. The High Court dismissed the petition, holding that Section 313 CrPC does not mandate furnishing of questions in advance. The court observed that while sub-section (5) allows the court to take assistance of the prosecutor and defence in preparing questions, this does not confer a right on the accused to receive copies of the questions. The petition was dismissed with no order as to costs.
Headnote
A) Criminal Procedure - Section 313 CrPC - Examination of Accused - Incriminating Circumstances - The court held that Section 313 CrPC does not require the court to provide copies of questions to the accused before the examination; the court may take assistance of prosecutor and defence under sub-section (5) but that does not create a right to advance copies. (Paras 7-8)
Issue of Consideration
Whether the Magistrate is required to provide copies of questions to be put under Section 313 CrPC to the accused before the examination.
Final Decision
The High Court dismissed the writ petition, holding that Section 313 CrPC does not require the court to provide copies of questions to the accused before the examination. The court may take assistance of the prosecutor and defence under sub-section (5), but that does not create a right to advance copies. No order as to costs.
Law Points
- Section 313 CrPC
- incriminating circumstances
- assistance of prosecutor and defence
- no right to advance copy of questions
Case Details
2022 LawText (BOM) (04) 40
Writ Petition No.577 of 2020
Mr. Ganesh Bhujbal for the Petitioners, Mr. K.V. Saste, APP for Respondent No.1-State
Pradeep Narottamdas Harsora and Another
The State of Maharashtra and Another
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Nature of Litigation
Criminal writ petition challenging an order of the Magistrate regarding the procedure under Section 313 CrPC.
Remedy Sought
The petitioners sought a direction that the Magistrate provide them with copies of the questions to be put under Section 313 CrPC before the examination.
Filing Reason
The petitioners were dissatisfied with the Magistrate's order dated 3 January 2020 which merely stated that Section 313 CrPC is clear and incriminating circumstances are to be put to the accused.
Previous Decisions
The Magistrate had earlier allowed an application under Section 319 CrPC to implead Respondent No.2 as accused, which was challenged and upheld. Other writ petitions were dismissed with costs.
Issues
Whether the Magistrate is required to provide copies of questions to be put under Section 313 CrPC to the accused before the examination.
Submissions/Arguments
The petitioners argued that the amendment inserting sub-section (5) in Section 313 CrPC permits the court to take assistance of the prosecutor and defence, and therefore the court should provide copies of the questions to the accused.
Ratio Decidendi
Section 313 CrPC does not mandate furnishing of questions to the accused in advance; sub-section (5) only allows the court to take assistance of the prosecutor and defence in preparing questions, not a right to receive copies.
Judgment Excerpts
Section 313, Cr.P.C. is very clear. Incriminating circumstances are to be put up.
It permits the Court to take assistance of the Prosecutor and Defence while preparing the relevant questions.
Procedural History
The petitioners are original accused in CC No.108/PW of 2005. The prosecution filed an application under Section 319 CrPC to implead Respondent No.2, which was allowed. That order was set aside by this Court and remanded. After cross-examination of PW1, the Magistrate again impleaded Respondent No.2. That order was challenged in Criminal WP No.514/2016 and dismissed. Another WP No.1526/2018 was dismissed with costs. The petitioners then filed applications at Exhibit 540 and 541 seeking clarification regarding Section 313 CrPC, which were disposed of by the impugned order dated 3 January 2020.
Acts & Sections
- Code of Criminal Procedure, 1973: 313, 313(5)
