Back
FARJAND ALI
Chandra Sen – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioner's request based on age and health. (Para 1 , 2) |
| 2. government's opposition to the petitioner's claims. (Para 3 , 4) |
| 3. rules for video conferencing in criminal trials. (Para 5) |
| 4. no legal impediment for video conferencing. (Para 6 , 7) |
| 5. court's order allowing video conferencing for charges. (Para 8 , 9 , 10) |
ORDER :
Farjand Ali, J.
The instant miscellaneous petition has been preferred by the petitioner under Section 482 CrPC against the order dated 28.11.2022 passed by Additional Chief Judicial Magistrate, Bikaner in Criminal Regular Case No. 60572/2014 whereby the application filed by the petitioner for reading over of charges through video conferencing or his pleader/counsel was rejected.
2. Learned counsel for the petitioner submits that the petitioner is an old person who is around 85 years old and he has been facing trial since 2008 in the present matter. The petitioner has already undergone a knee replacement surgery for his left knee and has been medically advised to undergo another one for his right knee as well. He is not able to carry out his daily tasks and is not ambulatory. He further submits that Section 275 of CrPC has also been amended t
The court confirmed video conferencing for evidence recording aligns with modern judicial practices despite legal challenges on witness presence.
Video Conferencing – In the event of simultaneous proceedings, accused can be permitted to attend pending criminal trial through Video Conferencing.
The court affirmed the right to a fair trial under Article 21, allowing video conferencing for accused in judicial custody to prevent delays in proceedings.
The court allowed the relaxation of video conferencing rules enabling a complainant abroad to record evidence, emphasizing the role of discretion to avoid undue hardship in legal proceedings.
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.
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
