Back
A. BADHARUDEEN
Gopal. C. – Appellant
Versus
Central Bureau Of Investigation Represented By The Prosecutor, Anti-Corruption Bureau – Respondent
ORDER :
This petition has been filed under Section 482 of the Code of Criminal Procedure and the petitioner is the sole accused in C.C.No.3/2012 pending before the Special Judge (SPE/CBI)-II, Ernakulam. The petitioner impugns order in Crl.M.P.No.18/2023 in C.C.No.3/2012 sprang up from the common order in Crl.M.P.Nos.18 and 19 of 2023 dated 13.01.2023.
2. Heard the learned counsel for the petitioner as well as the learned Deputy Solicitor General of India (`DSGI' for short hereinafter).
3. Summary of the factual events. Public Prosecutor (CBI) had filed Crl.M.P.Nos.18 and 19 of 2023 before the Special Court and sought examination of the defacto complainant in C.C.No.3/2012 by name Sujesh.P.S, who is the first witness (CW1) in the case, through video linkage on the ground that the first witness has been working in Dubai and his presence for examination could not be secured without delay or expenses. Similarly, the Public Prosecutor (CBI) also filed Crl.M.P.No.19/2023 to examine CW16 through video linkage.
4. The petitioner herein objected Crl.M.P.No.18/2023, where examination of CW1 was sought for through video linkage, while not raising any objection in Crl.M.P.No.19/2023, where CW16 wa
Rule 8(23) provides that when a Required Person is unable to reach the Court point or the Remote Point due to sickness or to any genuine reason Court may authorise conduct of proceedings through Elec....
The court affirmed that cross-examination via video conferencing is permissible under the Electronic Video Linkage Rules, enhancing access to justice.
The court ruled that a preliminary enquiry into a witness's competency is not required before video examination; this is to be assessed by the Magistrate during examination.
The court established that video conferencing is a permissible method for recording witness testimony under the amended provisions of the Cr.P.C., and that such methods do not infringe upon the right....
The Electronic Audio-Video Linkage Rules (Kerala), 2025 provide a framework for conducting judicial proceedings via electronic means, ensuring procedural integrity and confidentiality while facilitat....
The main legal point established is the permissibility of cross-examination through video conferencing, supported by the legislative backing provided by the Rules of 2020 and the interpretation of se....
Judicial endorsement of video conferencing for evidence collection is mandated, emphasizing modern practices should not be obstructed by technicalities.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
