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MANJARI NEHRU KAUL
Vicky Verma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manjari Nehru Kaul, J.
The petitioner is seeking quashing of order dated 15.02.2024 (Annexure P-4), passed by learned Special Judicial Magistrate, CBI, Punjab, SAS Nagar (Mohali) in case titled as 'Central Bureau of Investigation v. Gautam Cheema and others' in FIR No.RCCHG0512020S0001 dated 29.04.2020 under Section 120B read with Section 452, 323, 365, 342, 225, 186, 506 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC') registered at Police Station CBI/SCB/Chandigarh, on the ground that the evidence of private respondent-Kricpy Khera was recorded as PW-42, before learned CBI, Court, SAS Nagar (Mohali), without following the provisions of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.'), the Indian Evidence Act, 1872 and the applicable Punjab and Haryana High Court Rules and Standard Operating Procedure (SOP), and the objections raised by the petitioner qua the same were dismissed. The petitioner is further seeking directions for setting aside of the evidence recorded of the private respondent through the Video Conferencing (hereinafter referred to as 'VC').
Submissions of learned senior counsel for the petitioner
2. Learned
The court affirmed that video conferencing for witness testimony must comply with both High Court rules and mutual legal assistance guidelines, ensuring the witness's identity is verified.
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 main legal point established in the judgment is the necessity of responding to the call of social distancing and ensuring the sanctity of testimony through video conferencing, in line with the gu....
The court upheld the trial Court's decision to allow witness statements via ordinary video conferencing, emphasizing accessibility and the need for justice without undue hardship.
The statement of an overseas witness can be recorded through video conferencing, as per the guidelines laid down by the court for the conduct of court proceedings between courts and remote sites.
The court confirmed video conferencing for evidence recording aligns with modern judicial practices despite legal challenges on witness presence.
The power under S.311 Cr.P.C. should be exercised to ensure a just decision and the best available evidence should be brought before the Court. Respect for time limits set by higher courts is crucial....
The main legal point established is the applicability of Video Conferencing Rules to civil proceedings and the requirement for a Coordinator at the remote point for examining a witness through video ....
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....
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