PARMESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as'the Code') has been filed for permission to the petitioner to file written submission under Sec. 313(5) of the Code in Special Sessions Trial No.35 of 2017, State Vs. Parmesh, pending in the court of District and Sessions Judge, Tehri Garhwal (hereinafter referred to as'the case').

(2.) Heard learned counsel for the parties and perused the records.

(3.) Briefly stated, according to the petitioner, he is the accused in the case pending against him under Sec. 376(2), 328 and 506 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012. On 24/5/2019, the case was fixed for recording the statement of the petitioner under Sec. 313 of the Code. On that day, petitioner moved an application under Sec. 313(5) of the Code, requesting the Hon'ble Court to supply him the copy of the questionnaire, so that he may submit his written statement, but, according to the petitioner, the application was orally rejected and statement of the petitioner was recorded by the court, on its own.