Court No. - 64
Case :- APPLICATION U/S 482 No. - 32136 of 2019 Applicant :- Yuddhraj Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Dubey,Gopal Swarup Chaturvedi(Senior Adv.) Counsel for Opposite Party :- G.A.,Ghan Shyam Das
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 30.7.2019 passed by the Additional Sessions Judge, Court No. 10, Mathura in Criminal Appeal No. 31 of 2019, Virendra Singh and others vs. State of U.P. and another, under Sections 420, 467, 468, 471, 120B I.P.C., arising out of Case Crime No. 196 of 2005, P.S.- Sadar Bazar, District- Mathura.
Heard Sri Gopal Swaroop Chaturvedi, learned Senior Advocate assisted by Sri Rajesh Kumar Dubey, learned counsel for the applicant and Sri Ghan Shyam Das, learned counsel on behalf of the opposite party no. 2 as well as learned A.G.A. for the State. Perused the record.
Submission of learned counsel for the applicant in substance is that the questions that were put to the accused during the course of trial under Section 313 Cr.PC. were inadequately prepared and the evidence adduced during the course of trial and the circumstances that existed against accused were not adequately put to him which has resulted in prejudice to the accused. Further submissions is that conviction has already been recorded and the appeal against conviction is pending in the lower appellate court. The applicant has moved an application before the lower appellate court by way of which it was expressed that the questions put were of general nature as a result of which the accused could not understand the substance of examination of prosecution witnesses and therefore, he could not give a befitting reply regarding the evidence adduced against him. According to the counsel, the purpose of putting questions under Section 313 Cr.P.C. is to provide opportunity to personally explain the circumstances appearing in evidence against him. But this application did not find favour with the appellate court and as the lower appellate court was of the view that the statement recorded under Section 313 Cr.P.C. were duly signed by the accused and such kind of application was moved only to delay the trial. The allegation that was made before the lower appellate court that signatures of the applicant were obtained on a plain paper, was also not found to be correct as such kind of objection was never raised in the trial court and the accused had proceeded to produce its defence and a number of dates were fixed for that purpose but inspite of having such opportunity this objection was never raised.
It has been submitted by the counsel that if an opportunity is granted to the accused to file his written statement under Section 313 (5) Cr.P.C. the purpose of recording statement under Section 313 Cr.P.C. will be adequately met with and that will serve as a substantive compliance of the Section. It has been further submitted by the applicant's counsel that the application is also prepared to give undertaking that if at the appeal stage, the lower appellate court puts additional questions to enable the accused to explain the circumstances appearing in evidence against him or if the lower appellate court provides an opportunity to the accused to file written statement then the spirit and letter of Section 313 Cr.P.C. will be adequately met with and shall stand complied with. But the real purpose of the accused is to explain the circumstances that have appeared in evidence against him and he does not want to delay the trial. In this regard it has been stated at the bar that the applicant is already prepared to give a written undertaking that in case the court permits him to file written statement he shall not claim any further right to produce additional evidence in defence in that light nor shall at all do anything which will lead to procrastination of trial. The accused is also prepared to give undertaking that after filing of the written statement arguments will be advanced and no prejudice shall be claimed on behalf of the accused for not being provided additional opportunity to lead defence after filing of written statement under Section 313 Cr.P.C.
I have also heard learned counsel appearing for the opposite party no. 2 and learned A.G.A. for the State. Learned counsel appearing for the opposite party no. 2 has shown fairness enough to concede that if opportunity to file written statement is granted by this Court he shall not have any objection to it provided a written undertaking is given on behalf of the accused that he shall not delay the hearing or the arguments on the pretext of any frivolous grounds and also if he is ready to give undertaking that he should not claim either any prejudice or any right to lead further evidence.
I have considered the rival submissions made at the bar and perused the record in the light of the same.
This Court has also perused the written undertaking that has been given on behalf of the accused by way of filing supplementary affidavit in which it has been stated in so many words that in case opportunity to file written statement is provided, the accused shall not claim any right to lead any further evidence in that light and an undertaking has also been given to the effect that the accused shall not claim any prejudice for not being provided opportunity to lead defence evidence at all. Undertaking has also been given that after filing of the written statement the arguments shall be advanced on behalf of the accused. In view of totality of the facts and circumstances of the case and in view of the categorical undertaking that has been given on behalf of the accused and in view of no objection on behalf of the counsel appearing for the opposite party no.2 and that of learned A.G.A., who has also shown fairness enough to concede on that point, this Court deems it proper to direct that the applicant may file written statement in the lower appellate court which shall be deemed to be the written statement filed on behalf of the accused under Section 313 Cr.P.C., the court below shall proceed further in accordance with law. It is needless to observe that the accused shall neither claim any opportunity to lead any further additional defence evidence nor shall seek any unnecessary adjournments and shall argue the matter so that the hearing of appeal may get concluded at the earliest.
Order Date :- 27.9.2019 Naresh/P.S. Parihar