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 to allow for recording of evidence through video conferencing in presence of the advocate representing the accused, thus, there remains no impediment in reading over of the charge through video conferencing and therefore, it is prayed that the impugned order passed by the court below may be quashed and set aside.

3. Learned Additional Government Advocate opposes the submissions made by learned counsel for the accused-petitioner.

4. Heard. Perused the material available on record. It is apparent from the record that the petitioner is an octogenarian who is suffering from ailments that restrict his movement. He is incapable of walking properly owing to issues in his synovial joint of right knee and has already undergone a knee replacement surgery in his left knee.

5. Rule 11 of the RAJASTHAN HIGH COURT RULES for Video Conferencing for Courts 2020 notified on 13th May, 2021 provides that the court may exercise its discretion in framing charges assistant an accused in a criminal trial under CrPC through video conferencing. The afore-mentioned rule is reproduced below for easy reference:

11. Judicial remand, framing of charge, examination of accused and Proceedings under Section 164 of the CrPC

11.1 The Court may, at its discretion, authorize detention of an accused, frame charges in a criminal trial under the CrPC by video conferencing.

However, ordinarily judicial remand in the first instance or police remand shall not be granted through video conferencing save and except in exceptional circumstances for reasons to be recorded in writing.

11.2 The Court may, in exceptional circumstances, for reasons to be recorded in writing, examine a witness or an accused under Section 164 of the CrPC or record the statement of the accused under Section 313 CrPC through video conferencing, while observing all due precautions to ensure that the witness or the accused as the case may be is free of any form of coercion, threat or undue influence. The Court shall ensure compliance with Section 26 of the Evidence Act.

6. Rajasthan High Court passed a notification No. 06/SRO/2021 dated 02.08.2021 whereby it was notified that the ' RAJASTHAN HIGH COURT RULES for Video Conferencing for Courts 2020' shall be applicable to the proceeding of the High Court of Judicature for Rajasthan and all the subordinate courts of Rajasthan with immediate effect.

7. Considering the medical predicament of the accused, age of the accused and the rules applicable to subordinate courts on the subject of video conferencing, this Court is of the opinion that there is no legal impediment against allowing the charges to be read over to the accused through video conferencing.

8. Accordingly, the instant miscellaneous petition is allowed and the order dated 28.11.2022 passed by Additional Chief Judicial Mag