W.P. (CRL.) 2098/2023 Page 1 of 17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 01.08.2023

Pronounced on: 01.09.2023

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W.P.(CRL) 2098/2023 &CRL.M.A. 19540/2023

DR. S. JAITLEY & ANR.

..... Petitioners

Through:

Petitioners-in-person

versus

STATE (NCT OF DELHI)

..... Respondent

Through:

Ms.

Nandita

Rao,

ASC

(Criminal) for the State along

with

Mr.

Amit

Peswani,

Advocate

and

with

SI

Ranvijay, P.S. Lahori Gate

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

Index to the Judgment

Factual Background ............................................................................................. 2

Submissions On Behalf Of The Parties .............................................................. 3

(I)The Case Of Petitioners ............................................................................ 3

(Ii)Arguments On Behalf Of Complainant ..................................................... 5

Issue Before This Court ....................................................................................... 5

Law On Presence Of An Accused Facing Trial Before The Court ................. 6

Principle ............................................................................................................. 6

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.09.2023

19:19:38

Signature Not Verified

W.P. (CRL.) 2098/2023 Page 2 of 17

Accused ............................................................................................................... 7

Virtual Hearings: Court Policies & Guidelines ............................................... 11

Analysis And Conclusion ................................................................................... 14

SWARANA KANTA SHARMA, J.

1.

The instant writ petition under Article 226/227 of the

Constitution of India read with Section 482 of the Code of Criminal

Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners

seeking appeal/repeal/revision/alteration/modification/setting aside,

in full or in part, of order dated 08.06.2023 passed by learned

Principal District & Sessions Judge (Central), Tis Hazari Courts,

Delhi.

FACTUAL BACKGROUND

2.

The petitioner no.1, who is 75 years of age, is an accused in

case FIR bearing no. 16/2020, registered at Police Station Lahori

Gate, Delhi on 12.01.2020 under Sections 376/506 of the Indian

Penal Code, 1860 („IPC‟) which is pending trial before the Court of

learned Additional Sessions Judge, Central, Tis Hazari Courts, Delhi.

3.

As disclosed in the petition, the petitioner no. 1 herein had

sought transfer of the aforesaid case from the court of the learned

ASJ by way of Transfer Petition (Crl.) No. 30/2023 wherein the

grievances of the petitioner no. 1 were summarized. However, the

impugned order dated 08.06.2023 was passed whereby the learned

District Judge had recorded that the petitioner no. 1 does not wish to

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.09.2023

19:19:38

Signature Not Verified

W.P. (CRL.) 2098/2023 Page 3 of 17

press the transfer petition and he was directed to attend the Trial

Court proceedings through physical or virtual mode as per his health

conditions. It was ordered that when appearing virtually, he would

supply supporting medical documents.

4.

The impugned order dated 08.06.2023 passed by learned

District Judge is reproduced as under:

“…Affidavit dated 05.06.2023 of the applicant has been filed

wherein he has undertaken that he will appear in the Court on

each date of hearing, either virtually or physically, as per his

health condition. In case, he appears virtually, he will file

supporting medical documents. The