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(2022) Law Today Live Doc. Id. 16656
Decided on: 02.03.2022
Present:
Mr. Aman Chaudhary, Advocate for the petitioner.
Mr. Dhruv Dyal, Senior DAG, Punjab.
Mr. Rajbir Singh, Advocate for respondent No.2.
Code of Criminal Procedure, 1973 (2 of 1974), Section 275(1) – Indian Evidence Act, 1872 (1 of 1872), Section 3 -- Evidence through video conferencing -- Petitioner residing in Canada and not fit to travel – Statement of petitioner is very material for the proper adjudication of the case – No serious objection raised by respondents – One opportunity granted to get statement recorded through video conferencing.
(Para 4-7)
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SANT PARKASH, J. (ORAL) –
1. Present revision petition has been filed for setting aside the order dated 9.7.2019 passed by learned JMIC, Jagraon, declining the request of the petitioner to get his statement recorded through video conferencing.
2. It is the case of the petitioner that learned trial Court vide its order dated 09.07.2019 without appreciating the facts and circumstances of the case has wrongly dismissed the application of the petitioner, who is residing abroad, for recording his statement through video conferencing.
3. Hence the present revision petition.
4. Learned counsel for the petitioner submits that the petitioner, who is co-complainant in this matter, is residing in Canada. He is suffering from various diseases and as per advised of the doctor, he is not fit to travel. In support of his assertions, learned counsel has appended the medical record of the petitioner with the present petition showing his medical condition. Since, the statement of petitioner is very material for the proper adjudication of the case, learned counsel for the petitioner prays for grant of one opportunity for recording his statement through video conferencing.
5. Learned counsel for the respondents has not raised any serious objection if the prayer of the petitioner for recording his statement through video conferencing is accepted.
6. Heard.
7. Keeping in view the peculiar facts and circumstances as well as the stand of the respondents, it is considered just and appropriate to grant one opportunity to the petitioner to get his statement recorded through video conferencing. Accordingly, the order dated 09.07.2019 is modified to the extent that the trial Court shall grant an opportunity to the petitioner to record his evidence through video conferencing. The learned trial Court shall fix any date for appearance of the petitioner through video conferencing, keeping in view the prevailing Covid-19 situation, and with the consent of all concerned.
8. Petition stands allowed, accordingly.
Petition allowed.
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