BOLLAM CHANDRAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This criminal petition under Section 482 of the Code of Criminal Procedure is filed by the Petitioner-accused seeking to direct the Principal Sessions Judge, Nalgonda, to allow the Petitioner, who is the accused in S.C. No. 266 of 2009, to file a written statement instead of answering the questions framed under Section 313 Code of Criminal Procedure

(2.) Petitioner before this Court filed an application in Crl.M.P. No. 1618 of 2010 before the concerned Court under Section 313(5) Code of Criminal Procedure amended provision by which he seeks permission of the Court to file his written statement to answer the questions under Section 313 Code of Criminal Procedure The learned trial Judge disposed of the application stating that the Petitioner can answer orally and also file written statement.

(3.) Learned senior counsel challenging the said order submitted before this Court that the intention of the Legislature in amending the provision under Section 313(5) Code of Criminal Procedure is to enable the accused person to file written statement on the basis of the questions prepared by the Court with the help of the Prosecutor and defence counsel, which enables the accused person to file a written statement. He further submits that the Law Commission also recommended for the said amendment in which it is stated as follows: