Filing Written Request Must For The Accused To Be Treated As A Witness U/S 315 CrPC: Gujarat High Court

[13 June 2022] The Gujarat High Court has held that an accused person can be competent witness, provided there is a written permission or there is a written request made to the concerned court at the instance of accused under Section 315 CrPC. It thus dismissed the petition challenging the order of the Sessions Court which rejected the Petitioner’s application for being treated as a witness, in the absence of a written request. Justice Niral Mehta was hearing a petition under Article 226 of the Constitution, praying for the stay on proceedings against the Petitioner-accused for offences under Section 138 of the Negotiable Instruments Act. “In view of the provision of Section 315 of the Cr.P.C., accused person can be a competent witness, but before that, accused is required to request in writing to the concerned Court. In the instant case, no such written request came to be made by the petitioner to the concerned Magistrate and straightaway, moved an application Exh.80, submitting examination-in-chief.”