Devanti Devi And Ors. vs State Of Bihar
JUDGMENT R.N. Lal, J.
1. Learned Counsel for the petitioners, submitted that the learned Court below did not allow examination as the petitioners under Section 313 Cr.P.C. through their counsel. Learned Counsel relied on AIR 1988 SC 2163 in which such a prayer was refused by the Magistrate and a Criminal revision against that order was also rejected by the High Court. The petitioner went up in Criminal appeal before the Supreme Court and that the appellant took a deterrent stand and submitted that the appellant would not like to give answer to any of the questions which would be put to him by the trial Court under Section 313. Cr.P.C. rather he would not raise the question of prejudice if any, caused to him on that account. On this undertaking, the Supreme Court directed the appellant to appear before the trial Court for making statement under Section 313, Cr.P.C. through his counsel. The learned Counsel has made the same prayer in this case.
2. In view of the decision given by the Supreme Court in the case referred to above, the petitioners may appear through their counsel for reply to the questions to be put under Section 313 Cr.P.C. on the same condi tions.
3. The petition is accordingly allowed.
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