The vs Unknown
2023 Latest Caselaw 3886 AP

      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

           CRIMINAL PETITION No.5986 of 2023

ORDER:

The petitioner is accused in C.C.No.296 of 2016

on the file of the Special Judicial Magistrate of First Class for

Prohibition and Excise Offences, Kadapa, for an offence

under Section 138 of the Negotiable Instruments Act, 1881.

The trial is at the stage of examination of the petitioner under

Section 313 of Code of Criminal Procedure.

2. The petitioner has approached this Court

contending that his physical safety is at risk in the event of

appearing before the Trial Court as the unofficial respondent

is seeking to pressurize the petitioner to pay the amounts

demanded by the unofficial respondents even though no

payments are due.

3. Sri Raja Reddy Koneti, learned counsel appearing

for the petitioner relies upon the Judgment of the Hon'ble

Supreme Court in the case of Chandu Lal Chandraker v/s

Purun Mal & Ors1, to contend that the 313 examination of

the petitioner under Section 313 of Code of Criminal

Procedure can be conducted through the counsel for the

petitioner appearing in the Trial Court. He would further

submit that it would also be open to the Trial Court to record

that he has refused to answer any of the questions posed to

him under Section 313 of Cr.P.C.

4. The Hon'ble Supreme Court, in the judgment

mentioned above, had held as follows:-

"After hearing the learned counsel for the parties at some length, Mr.S.K.Puri, learned counsel appearing along with Mr.Rajinder Sachhar, stated on taking instructions, that the appellant does not want to answer any of the questions which are going to be put to him by the trial court under Section 313 of the Code of Criminal Procedure and he further states that he will not raise the question of prejudice, if any, caused to him on account of his non-examination at subsequent stage of trial, in appeal or revision. In view of this statement, we are of the opinion that it is not necessary for the appellant to appear before the trial court. We accordingly set aside the order of the trial court and High Court, directing the appellant to appear before the trial court for making statement under Section 313 of the Code of Criminal Procedure."

In the said context, the petitioner is entitled to forego

his appearance for the 313 examination.

AIR 1988 SUPREME COURT 2163

5. In the circumstances, this Criminal Petition is

disposed of with liberty to the petitioner to either appear in

person for the 313 examination or to dispense with his

appearance as stated above in the judgment of the Hon'ble

Supreme Court or to participate in the 313 examination

through his counsel by giving a special vakalat under Section

205 of Code of Criminal Procedure.

As a sequel, miscellaneous petitions, pending if any, in

this Criminal Petition shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J

14.08.2023

Note:-

Issue C.C. by tomorrow i.e., 15.08.2023 B/o RKS