Bombay High Court
OMPRAKASH GOPALKRISHNA KHANDELWALversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- MEHROZ K PATHAN
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
- Code of Criminal Procedure, 1973 — s. 313
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
Checking your session…