The court underscored the application of Section 205, Cr.P.C. allowing virtual representation for an aged petitioner in light of health issues, emphasizing the importance of technology in facilitating justice.

ORDER :

1. Heard learned counsel for the Petitioner and the State.

2. By means of this application, the Petitioner seeks indulgence of this Court praying to set aside the order dated 12.09.2023 and to dispense with his personal attendance in the court and to allow him to be represented through his counsel.

3. It is submitted by the learned counsel for the Petitioner that the Petitioner is an old man of 89 years who is residing at New Delhi and is having several medical complicacies/issues. He is travelling from New Delhi to Bhubaneswar, which may put him in peril. On the contrary, the proceeding of the trial in his absence would no way prejudice him. The learned counsel further submitted that the Petitioner is ready to undertake to the effect that he shall not be prejudiced in case trial in the case proceeds in his absence. Learned counsel further submitted that since the movements of the Petitioner at this old age having with several medical issues is a risk to his health, his presence if required for any purpose including the recording of his statement under Section 313, Cr.P.C. may be taken through VC mode (Virtual Court mode).

4. Upon perusal of the case record and the impugned order, it appears that the learned court below has not gone meticulously while considering the application of the Petitioner filed under Section 205, Cr.P.C. The very object of the provision enumerated under Section 205, Cr.P.C. is, inter alia, to dispense with the personal attendance / appearance of the accused also relates to an infirm who is presented by sufficient cause in attending the Court besides others. In the case in hand, as it appears, the Petitioner is an old man of 89 years having several health issues and may incur a risk to his health in case his presence is insisted upon in the court. In this event if his presence is insisted upon, he would require to travel from New Delhi to Bhubaneswar. On the contrary, the Court is now equipped with modern technologies and devices and therefore distance is no more a barrier in the proceeding with the trial. In an eventuality where a person, who is prevented by a reason to appear in the court in person, may cause appearance through virtual mode.

5. In that view of the matter, this Court grants liberty to the Petitioner to file a petition under Section 205, Cr.P.C. afresh to be considered by the learned Court below in the above spirit. It is also directed that the Court below may take up the proceeding vis-à-vis the Petitioner through Virtual Court (VC Mode). The Petitioner shall file a No-prejudice Memo in case his evidence is taken in presence of his lawyer or if the Petitioner appears in person through virtual mode in accordance with the rules applicable for recording the proceeding in that mode.

6. With the above observations & directions, the CRLMC is disposed of.