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Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine
PRIYANKA PREET
20 March 2022 6:15 AM GMT
The Gujarat High Court is set to examine whether a Magistrate can reject an application filed by the complainant seeking explanation of the accused under Section 313 of CrPC, upon the evidence produced against him.The provision stipulates power of the Court to examine the accused and enable him to personally explain any circumstances appearing in the evidence against him.In the instant case,...
The Gujarat High Court is set to examine whether a Magistrate can reject an application filed by the complainant seeking explanation of the accused under Section 313 of CrPC, upon the evidence produced against him.
The provision stipulates power of the Court to examine the accused and enable him to personally explain any circumstances appearing in the evidence against him.
In the instant case, the accused was booked for offences punishable under Sections 499 and 500 of IPC. The Petitioner (complainant) had produced electronic evidence and subsequently, submitted an application before the trial court for the purpose of enabling the accused person to explain the contents of the CD and/or Pen Drive and other electronic records relating to the accused's speech per Section 313 of CrPC. However, this application was rejected.
The Petitioner then requested the concerned Magistrate to adjourn the matter so that the Petitioner could challenge the said order by filing petition before the High Court. However, the same was rejected yet again.
Thus, in these proceedings before the High Court, a stay was sought by the Petitioner considering the urgency of the matter. Relying on Dharnidhar Singh V/s State of Uttar Pradesh and Others (2010)7 SCC 759 the Petitioner remarked:
"In other words, it provides an opportunity to an accused to state before the court as to what is the truth and what is his defence, in accordance with law. It was for the accused to avail that opportunity and if he fails to do so then it is for the court to examine the case of the prosecution on its evidence with reference to the statement made by the accused under Section 313 CrPC."
The Petitioner further relied on Dharnidhar Singh to contest:
"The proper methodology to be adopted by the Court while recording the statement of the accused under Section 313 of the CrPC is to invite the attention of the accused to the circumstances and substantial evidence in relation to the offence, for which he has been charged and invite his explanation."
Considering the precedents cited and submissions made by the Petitioners, Justice Vipul Pancholi issued notice, returnable on 28th March 2022. Further, the ad-interim reliefs were also granted.
Case Title: Purnesh Ishvarbhai Modi Versus State Of Gujarat
Case No.: R/SCR.A/2578/2022
Citation:
