Patna High Court
KAILASH KUMAR GUPTAversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- ANSUL
Holding
The denial of the accused's right to examine themselves under Section 315 was improper and is quashed.
Summary
The petitioners, accused of murder under IPC Section 302, applied to depose as witnesses against the charges under CrPC Section 315. One petitioner, Kailash Kumar Gupta, died during the trial and his name was expunged from the cause title. The trial court had denied Chanda Devi and Praveen Kumar Gupta the opportunity to examine themselves, citing repeated delays despite four chances given to the defence. The State argued that the defence had used the opportunities to stall the trial. The Patna High Court held that the denial infringed the accused's statutory right under Section 315 and quashed that part of the trial court's order. The court directed the trial court to fix two dates for the accused to depose, with a warning that Chanda Devi would not be granted further chances if she fails to produce evidence.
Issues considered
- Whether the trial court erred in denying the accused the right to examine themselves under CrPC Section 315 despite alleged delays.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313, 315
- Indian Penal Code — s. 302
Subjects
- criminal trial
- right to examine self
- Section 315
- delay
- natural justice
- expungement
- death certificate
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5682 of 2022
Arising Out of PS. Case No.-108 Year-2017 Thana- LAHERIYASARAI District- Darbhanga
======================================================
KAILASH KUMAR GUPTA & ORS.
... ... Petitioner/s
Versus
THE STATE OF BIHAR & Ors.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarendra Narayan, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
8 16-03-2026 I.A. No.1 of 2023
1. I.A. No.1 of 2023 has been filed for expunging the
name of the petitioner No.1 from the cause title, who died
during pendency of the case. The death certificate has been
annexed.
2. For the reasons stated in I.A. application, this I.A.
No.1 of 2023 is allowed.
3. Heard the parties on merit.
4. The petitioners are an accused in a case under
Section 302. Kailash Prasad Gupta, Chanda Devi and Praveen
Kumar Gupta moved application stating that they wanted to
depose in this case against charges levelled under Section 315
by examinging themselves as witnesses. Kailash Prasad Gupta
is no more. Now, Chanda Devi and Praveen Kumar Gupta are
Patna High Court CR. MISC. No.5682 of 2022(8) dt.16-03-2026
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there who can depose in this case. The case of the year 2017.
The prosecution closed its evidence on 06.01.2022. The trial
Court records that 4 dates, i.e., 08.03.2021, 06.04.2021,
16.11.2021 and 17.11.2021, i.e., four opportunities were given
to the defence to produce evidence but they did not do so and
the Court instantly came to the conclusion that the law is made
for vigilant people and not for sleeping people like the instant
petitioners. It seems that the learned Sessions Judge was of the
opinion that the prosecution has the long rope in examining the
witnesses within three years but delay of four dates by defense
is something which should extinguish important rights given in
the criminal procedure code, i.e., 315 where the accused has
been given liberty to examine himself. It is needless to say that
after 313 when the prosecution evidence is presented to the
accused in a summarised form and he is supposed to respond to
it, this is first opportunity and probably the only opportunity
where the accused is given a direct opportunity to respond to the
allegation levelled agaisnt him. This law may also be treated as
a part of rule of audi alteram partem and rule of natrual justice.
Such a hyper technical approach with regard to such an
important right is disturbing.
5. The counsel for the State says that despite
Patna High Court CR. MISC. No.5682 of 2022(8) dt.16-03-2026
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opportunities, the defence did not produce any evidence and the
whole idea was to linger the trial.
6. In view of such, the order dated 20.12.2021 in
Sessions Trial No.289 of 2017 passed by A.D.J.-V, Darbhanga is
quashed to the extent of denial of Chanda Devi and Praveen
Kumar Gupta to depose in this case under Section 315.
However, this Court is also aware of the fact that the trial has
already being delayed and there was a direction of Hon’ble
Patna High Court to conclude the trial expeditiously.
7. In such view of the matter, the trial Court is
directed to fix two dates. The accused Praveen Kumar is stated
to be in custody, so there is no difficulty in examining him. The
other accused Chanda Devi be given an opportunity to present
her evidence on one date and if she fails to do so she will be
given to no further opportunity.
(Ansul, J)
sanjeev/-
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