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(2025) Law Today Live Doc. Id. 20545 = 2025:PHHC:139824
Decided on: 14.10.2025
Present:
Mr. Parunjeet Singh, Advocate for the petitioner.
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 265 -- Indian Penal Code, 1860 (45 of 1860), Section 82, 420 – Witness through video-conference – Ld. Trial Magistrate allowed the examination of two witnesses, who are residing in New Zealand and Canada respectively through Video conferencing – Specific direction issued to verify the identity of the witnesses and counsel for complainant directed to furnish the passport and one ID proof of the witnesses as per Government of India/ State Government rules and to furnish details regarding nearest office of the Consulate General of India to the witnesses for necessary further action -- All necessary precautions have been taken while passing the impugned order, thus, does not suffer from any illegality or infirmity and no interference in the impugned order is called for – Petition dismissed.
(Para 4, 5)
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YASHVIR SINGH RATHOR, J. (ORAL) –
1. Present petition has been instituted under Section 528 of BNSS, 2023 for quashing of impugned order dated 01.10.2025 (Annexure P-12) passed by the Court of Judicial Magistrate First Class, Jagraon vide which the Ld. JMIC has illegally and incorrectly allowed the application(s) dated 04.09.2025 (Annexure P-10) in case bearing No.CHI/350/2021 titled as “State Vs. Baldeep Singh and Others” in FIR No.07 dated 05.12.2020 under Sections 420 and 82 of IPC registered at Police Station PS NRI, District Ludhiana Rural.
2. Notice of motion. Mr. G.S. Dhaliwal, AAG, Punjab accepts notice on behalf of the State.
3. I have heard the learned counsel for the petitioner as well as learned State counsel and have gone through the material on the file.
4. By way of this petition, the petitioner has challenged the order dated 01.10.2025 (Annexure P-12) vide which learned Trial Magistrate has allowed the examination of two witnesses namely Ravinder Singh and Amanjit Kaur, who are residing in New Zealand and Canada respectively through Video conferencing. Learned trial Magistrate while allowing the application has referred to the rules “Rules for Video Conferencing for Courts” framed by the Punjab and Haryana High Court, in pursuance to the “Model Rules on Video Conferencing” framed by the Hon’ble Supreme Court of India. These rules mandate and facilitate the Court to record evidence of the witnesses and also mandates identity verification of the witnesses, administration of oath through video link, ensuring privacy and absence of influence during testimony and maintenance of contemporaneous record. Learned Trial Magistrate has also issued a specific direction that before proceeding with the recording of evidence of the witnesses, their identity shall be verified by this Court and counsel for complainant has been directed to furnish the passport and one ID proof of the witnesses as per Government of India/State Government rules and to furnish details regarding nearest office of the Consulate General of India to the witnesses for necessary further action. As such, all necessary precautions have been taken while passing the impugned order. The impugned order, thus, does not suffer from any illegality or infirmity and no interference in the impugned order is called for by this Court.
5. Resultantly, the present petition is hereby dismissed.
6. Pending misc. application(s), if any, shall also stand disposed of.
Petition dismissed.
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