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2023 Supreme(Del) 3803

SWARANA KANTA SHARMA
S. Jaitley – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Petitioners-in-person
Ms. Nandita Rao, ASC (Criminal), for the State along with Mr. Amit Peswani, Advocate and with SI Ranvijay, P.S. Lahori Gate.

JUDGMENT

Index to the Judgment

    Factual Background

    Submissions On Behalf Of The Parties

    (I) The Case Of Petitioners

    (II) Arguments On Behalf Of Complainant

    Issue Before This Court

    Law On Presence Of An Accused Facing Trial Before The Court

    (I) Trial Should Be Conducted In Presence Of Accused: Fundamental Principle

    (Ii) Power Of Courts To Grant Exemption From Personal Appearance To Accused

    Virtual Hearings: Court Policies & Guidelines

    Analysis And Conclusion

Swarana Kanta Sharma, J.

1. The instant writ petition under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners seeking appeal/repeal/revision/alteration/modification/setting aside, in full or in part, of order dated 08.06.2023 passed by learned Principal District & Sessions Judge (Central), Tis Hazari Courts, Delhi.

FACTUAL BACKGROUND

2. The petitioner no.1, who is 75 years of age, is an accused in case FIR bearing no. 16/2020, registered at Police Station Lahori Gate, Delhi on 12.01.2020 under Sections 376/506 of the Indian Penal Code, 1860 ('IPC') which is pending trial before the Court of learned Additional Sessions Judge, Central,




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