SHAHZAD AIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition filed under Sec. 482, Criminal Procedure Code, seeking quashment of the order dated 24.12.1999 passed by the JMIC recording further statement of the accused under Sec. 313, Criminal Procedure Code.

(2.) The Trial Court record was summoned. Counsel for the parties have been heard and record perused. The learned counsel for the petitioner has submitted that after having recorded the statement of the accused under Sec. 313, Code Criminal Procedure on 7.12.1999, there was absolutely no occasion for the trial Magistrate to have further recorded the statement of the accused on 24.12.1999.

(3.) A perusal of the trial Court file would show that vide order dated 25.11.1999, the remaining evidence of the prosecution was closed by Court order and the case was adjourned to 6.12.1999 for recording the statement of the accused, on which date, it was adjourned to 7.12.1999. The trial Court record would further show that on 7.12.1999, the statement of the accused under Sec. 313, Code Criminal Procedure was recorded, in which he denied having written letter Ex. P4. Thereafter, on 7.12.1999, the case was adjourned to 24.12.1999 for defence evidence, if any, and for arguments. On 24.12.1999, the learned trial Magistrate passed the following order :