Created by Fuzzy Cloud

Bombay High Court

OMPRAKASH GOPALKRISHNA KHANDELWALversusTHE STATE OF MAHARASHTRA

Disposal
DISPOSED OFF

Holding

The Court ordered the petitioner to deposit Rs.10,000 and to appear before the trial court for recording his statement under Section 313 of the Cr.P.C., without addressing the substantive merits of the petition.

Summary

The petitioner, Omprakash Gopalkrishna Khandelwal, filed a criminal writ petition seeking relief regarding the requirement of his personal presence for recording a statement under Section 313 of the Criminal Procedure Code. The petitioner offered to deposit Rs.10,000 as a show of bona fides and to appear before the trial court for the statement. The Court, after hearing both sides and noting the waiver of service by the State, ordered the petitioner to deposit the costs within 15 days and to be present on the date fixed by the trial court for recording his statement under Section 313. The Court expressly stated that it did not consider the merits of the petition or the substantive question of personal presence. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the accused's personal presence is mandatory for recording a statement under Section 313 of the Criminal Procedure Code.
  • Whether the petitioner must deposit costs as a condition for proceeding with the recording of the statement.

Legislation cited

Subjects

  • Section 313
  • Criminal Procedure Code
  • personal presence
  • cost deposit
  • writ petition
  • criminal trial

Judgment

2026:BHC-AUG:21247

                                                                      916 CRI WP NO. 625 OF 2026



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                            CRIMINAL WRIT PETITION NO. 625 OF 2026
                                  Omprakash Gopalkrishna Khandelwal
                                                VERSUS
                                       The State Of Maharashtra
                                                   …
                   •   Mr. Sanjeev Deshpande, Senior Counsel i/by Ms. P. A.
                       Deshpande, Advocate for the Petitioner
                   •   Mr. R. K. Ingole, APP for Respondent - State
                                                   …
                                                 CORAM : MEHROZ K. PATHAN, J.
                                                DATED : 08.05.2026
            PER COURT :
            1.         Heard learned counsel for the petitioner and the learned APP

            for the respondent – State.

            2.         Issue notice to the respondent. Learned APP waives service on

            behalf of the respondent – State. Taken up for final disposal with the

            consent of both the parties.

            3.         The learned senior counsel Mr. Deshpande for the petitioner, at

            the outset, submits that the petitioner is ready to deposit costs of

            Rs.10,000/- to show his bona fides and is also ready to remain

            present before the learned Trial Court for recording of his statement

            under Section 313 of the Cr.P.C.

            4.         Taking into consideration the aforesaid submissions and

            particularly the voluntary statement made on behalf of the petitioner

            that he is ready to deposit costs of Rs.10,000/-, I am inclined to pass

            the following order :-

            Jhs/                                                                          1/2
                                                         916 CRI WP NO. 625 OF 2026




                                ORDER

     A) The petitioner shall deposit costs of Rs.10,000/- before the
        learned Trial Court within a period of 15 days from today.


     B) Upon deposit of the aforesaid costs, the learned Trial Court
        shall fix a date for recording the statement of the petitioner
        under Section 313 of the Cr.P.C.


     C) The petitioner shall remain present on the date so fixed by the
        learned Trial Court and shall cooperate for recording of his
        statement under Section 313 of the Cr.P.C.


5.      With the aforesaid observations, the writ petition stands

disposed of.

6.      Needless to mention that this Court has not gone into the

merits of the impugned order or the grounds raised in the petition

regarding the necessity of the personal presence of the accused for

recording the statement under Section 313 of the Cr.P.C.

7.      Parties to act upon the authenticated copy of this order.




                                           ( MEHROZ K. PATHAN, J. )




Jhs/                                                                         2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.