Case Details

Citation(s)
1990 SLD 630 = 1990 MLD 1419
Supreme Court of India
Criminal Appeal No. 658 of 1987, decided on 22nd March, 1988.
Presented By: Present: K. N Singh and M. H. Kania, JJ

CHANDU LAL CHANDRAKER--Appellant

VERSUS

PURAN MAL and another--Respondents

Law:

Section:

Criminal trial--- ----Power to examine accused---Personal attendance of accused---Examination of accused under S. 313, Indian Cr.P.C.---Personal attendance of accused at trial dispensed with---Accused ordered to appear personally before Court for examination---Statement made by accused before Supreme Court that he does not want to answer any of the questions put to him by Court and would not raise question of prejudice at any stage---Order to personally appear for examination was set aside. JUDGMENT The appellant is an accused in a criminal case pending before the trial Court. The trial Court has dispensed with the appellant's personal appearance under section 205 of the Code of Criminal Procedure and has permitted him to be represented at the trial through his counsel. On the conclusion of the trial the learned Magistrate directed the appellant to appear personally before the Court for recording his statement as contemplated by section 313 of the Code. The appellant's request that his statement may be recorded through his counsel was rejected by the trial Court and he was directed to appear before the Court. The appellant challenged the order of the Magistrate before the High Court by means of Miscellaneous Petition under section 482 of the Code of Criminal Procedure, The High Court rejected the petition and refused to interfere with the order of the learned…
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