Case Note & Summary
The petitioner, original complainant, filed a criminal writ petition challenging the order dated 22.7.2015 passed by the learned 2nd Additional Chief Judicial Magistrate, Parbhani, in R.C.C. No. 142 of 2007, whereby the Magistrate dispensed with the recording of statement of accused Nos. 2 to 5 under Section 313 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner had filed a complaint on 28.7.2005 against respondent Nos. 2 to 5 for offences under Sections 420, 464, 465, 466, 467, 471 read with 34 of the Indian Penal Code, 1860 (IPC). Since the police did not take cognizance, the petitioner filed an application under Section 156(3) CrPC, leading to registration of Crime No. 1/2005 and eventual charge sheet. Charges were framed, and the accused pleaded not guilty. After completion of prosecution evidence, the Magistrate passed the impugned order dispensing with the accused statement. The petitioner contended that this order was illegal and contrary to law. The High Court held that Section 313 CrPC is mandatory and the trial court cannot dispense with recording the statement of accused. The court set aside the impugned order and directed the trial court to record the statement of accused under Section 313 CrPC and proceed with the trial in accordance with law.
Headnote
A) Criminal Procedure - Section 313 CrPC - Mandatory Recording of Accused Statement - The trial court cannot dispense with the recording of statement of accused under Section 313 CrPC after completion of prosecution evidence, as it is a mandatory requirement to afford the accused an opportunity to explain the evidence against him. The order dispensing with such statement is illegal and liable to be set aside. (Paras 4-6)
Issue of Consideration
Whether the trial court can dispense with the recording of statement of accused under Section 313 of the Code of Criminal Procedure, 1973 after completion of prosecution evidence.
Final Decision
The High Court allowed the criminal writ petition, set aside the order dated 22.7.2015 passed by the learned 2nd Additional Chief Judicial Magistrate, Parbhani, below Exh.1 in R.C.C. No. 142 of 2007, and directed the trial court to record the statement of accused under Section 313 CrPC and proceed with the trial in accordance with law.
Law Points
- Section 313 CrPC mandatory
- accused statement cannot be dispensed with
- opportunity to explain evidence
- fair trial
- criminal writ petition maintainable
Case Details
2016 LawText (BOM) (08) 49
Criminal Writ Petition No. 1425 of 2015
Mr. A.M. Nagarkar h/f Mr. K.M. Nagarkar for Petitioner, Ms. R.P. Gour APP for Respondent No.1, Mr. J.M. Murkute for Respondents 2 and 3, Mr. H.I. Pathan for Respondent No.4
Nuzhatunssae Begum d/o Meheboobkhan
The State of Maharashtra and Others
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Nature of Litigation
Criminal writ petition challenging order dispensing with recording of statement of accused under Section 313 CrPC.
Remedy Sought
Petitioner sought quashing of order dated 22.7.2015 passed by learned 2nd Additional Chief Judicial Magistrate, Parbhani, dispensing with statement of accused under Section 313 CrPC.
Filing Reason
The trial court passed an order dispensing with the recording of statement of accused under Section 313 CrPC after completion of prosecution evidence, which the petitioner contended was illegal.
Previous Decisions
The trial court had framed charges against respondent Nos. 2 to 5, and after prosecution evidence, passed the impugned order dispensing with accused statement.
Issues
Whether the trial court can dispense with the recording of statement of accused under Section 313 CrPC after completion of prosecution evidence.
Submissions/Arguments
Petitioner argued that the order dispensing with the statement of accused under Section 313 CrPC is illegal and contrary to law.
Respondents did not oppose the petition.
Ratio Decidendi
Section 313 CrPC is mandatory and the trial court cannot dispense with recording the statement of accused after completion of prosecution evidence, as it is essential to afford the accused an opportunity to explain the evidence against them and ensure a fair trial.
Judgment Excerpts
Section 313 of Cr.P.C. is mandatory and the trial court cannot dispense with the recording of statement of accused.
The order passed by the learned 2nd Additional Chief Judicial Magistrate, Parbhani below Exh.1 in R.C.C. No. 142 of 2007 is illegal and liable to be set aside.
Procedural History
Petitioner filed complaint on 28.7.2005; police did not take cognizance; petitioner filed application under Section 156(3) CrPC; Crime No. 1/2005 registered; charge sheet filed; charges framed; accused pleaded not guilty; prosecution examined witnesses; trial court passed order dispensing with accused statement under Section 313 CrPC on 22.7.2015; petitioner filed criminal writ petition challenging that order.
Acts & Sections
- Code of Criminal Procedure, 1973: 156(3), 313
- Indian Penal Code, 1860: 420, 464, 465, 466, 467, 471, 34
