WWW.LIVELAW.IN 1 ITEM NO.68

COURT NO.6

SECTION II-A

S U P R E M E C O U R T O F RECORD OF PROCEEDINGS

I N D I A

Petition(s) for Special Leave to Appeal (Crl.)

No(s).

3928/2018

(Arising out of impugned final judgment and order dated 03-04-2018 in MCRC No. 10479/2017 passed by the High Court Of M.P At Indore) ANWAR KHAN

Petitioner(s) VERSUS

THE STATE OF MADHYA PRADESH

Respondent(s)

(FOR ADMISSION and I.R. and IA No.66081/2018-EXEMPTION FROM FILING O.T. ) Date : 17-05-2018 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN

For Petitioner(s)

Mr. Rakesh Dahiya, AOR Mr. Aditya Dahiya, Adv. Mr. Satyavan Kudalwal, Adv.

For Respondent(s)

Mr. Arjun Garg, Adv. Mr. Aakash Nandolia, Adv.

UPON hearing the counsel the Court made the following O R D E R The petitioner herein is a witness in the murder case of his employer with whom he was working as driver. As per the prosecution he is an eye witness and he has to depose in the case. However, the petitioner submits that there is a threat to his life and it may not be possible for him to go to the court and depose. For this Signature Not Verified

reason, he moved an application stating that he should be examined

Digitally signed by ASHWANI KUMAR Date: 2018.05.19 12:04:25 IST Reason:

on commission. This application is rejected by the lower court as well

as

the

High

Court.

It

would

be

difficult

to

issue

the

WWW.LIVELAW.IN 2 Commission to record the evidence of the petitioner as it is to be recorded in the presence of the accused persons and they have also a

right

of

cross-examination.

Therefore,

even

if

the

order

or

commission is issued and the Commissioner records the evidence, it has to be in the presence of the accused persons. In the aforesaid circumstances a query was made by this Court as to whether video conferencing facilities are available at Indore so that the petitioner could be examined by video conferencing. We are

informed

that

in

fact

video

conferencing

facilities

are

available in Indore where the trial is taking place i.e. Additional Sessions

Judge

(12th),

Indore

and

also

in

the

District

Court,

Udaipur. In view of the aforesaid circumstances, it would be possible for the petitioner to go to the District Court at Udaipur on the date fixed by the Trial Court

to facilitate recording of the

evidence of the petitioner through video conferencing. In the aforesaid circumstances, arrest warrants against the petitioner

are

recalled

on

the

assurance

given

by

the

learned

counsel for the petitioner that he will get his statement recorded in the aforesaid manner. The special leave petition is disposed of. Pending

application(s),

if

any,

stands

disposed

of

accordingly. (ASHWANI THAKUR) COURT MASTER (SH)

(MALA KUMARI SHARMA) COURT MASTER