instituted in any Criminal Court under section 98 , or
section 107 , or section 108 , or section 109 , or
section 110 , or under Chapter ... witness in such proceedings;
Provided that in proceedings under section
108 , section 109 or section 110 , the failure of such
person to give evidence shall
under Section 311 of
Cr.P.C. is concerned. However, it is submitted that on 19.12.2023
applicant had filed an application under Section 315 ... Section 311 of Cr.P.C. Therefore, the
submission that prayer clause of the present application also includes
rejection of the application under Section 315
case for trial by the Sessions Court on the charge under Section 315 of IPC. The Magistrate accordingly vide his order dated ... applicant (under Section 304A ) is no more in force when she is put on trial again for the offences under Sections 314 , 315 and 304A
under Section 313 of
CrPC on 12/08/2016. On the next date of hearing, the
applicant filed applications under Sections 311 , 315 of CrPC ... Case, the applicant was examined under
Section 313 of CrPC on 12/08/2016. The application under
Section 315 of CrPC was allowed
2023, complainant filed his
reply to the application filed under Sections 311 , 315 of Cr.P.C.
6. It is once again clarified that ... produce his defence witnesses and also did not
examine himself under Section 315 of Cr.P.C., no case is made out
warranting interference
3134236/2016
whereby the application filed by the petitioner/accused under Section 315
of the Code of Criminal Procedure was rejected.
2. The exposition ... defense
evidence.
B. The petitioner/accused filed an application under Section
315 of Code of Criminal Procedure dated 22.01.2024 stating that
on the date
instituted in
any Criminal Court under section 98 , or section 107 , or section
108 , or section 109 , or section 110 , or under Chapter ... witness in such proceedings;
Provided that in proceedings under section 108 , section 109 or
section 110 , the failure of such person to give evidence shall
accused in the present
case. He moved an application u/s 91 and u/s 315 of Cr.P.C. The
court below allowed ... application filed u/s 91 of Cr.P.C. however,
rejected the application filed u/s 315 of Cr.P.C. The application
opinion that this petition deserves to be allowed.
06. Section 315 of the Code, Accused person to be competent witness
What is required for availing ... benefits as per the
provisions contained in the section 315 of the Code are:-
(1) that there must be a trial in the criminal court
exhibited in the case. Petitioner had also filed an application under
Section 315 Cr.P.C to adduce additional evidence.
Learned trial Court ... vide order dated 26/09/2017 dismissed the
application under Section 311 and Section 315 of Cr.P.C. Learned trial
Court has stated
