Interim Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No.769/SS/2021
Dinkar V/s. Rahul
ORDER BELOW EXH.31
The accused has filed present application for recording his
evidence by mode of video conferencing. According to him he is
residing at United Kingdom for his job. Therefore, he could not
physically appear for adducing his defence evidence. Therefore, in order
to avoid delay in the matter his evidence be recorded by utilizing virtual
platform. Lastly, accused prayed that, application be allowed, as prayed.
2. The application has been resisted by the complainant
contending that, only with intention to protract the matter the present
application is filed. The accused waiting for death of complainant.
Lastly, it is prayed that, application be rejected.
3. On 26/02/2024 the accused alongwith the pursis (Exh.-
32) filed on record, the medical opinion of Dr. S. Allen, wherein it has
been opined that, the accused has suffering from Comorbid Diabetes, he
has been diagnosed of Long Covid syndrome and was placed on
clinically vulnerable list and was required shield during the pandemic.
Further, it has been opined that, accused is not fit to fly abroad until
such time he is cardio vascular condition is adequately investigated and
his health stabilized and optimized. Further, accused has taken
appointment of Telford hospital, which has been scheduled to be on
21/03/2024.
4. Ld. Advocate Shri Koli for accused submits that, due to
medical profession, accused could not attend the court immediately. He
further submits that, he has been suffering from various ailment and
advised to avoid travel by air. Therefore, he may be permitted to adduce
his defence evidence by way of video conferencing mode.
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C. C. No.769/SS/2021 --02-- Dinkar V/s. Rahul
5. Ld. Advocate Shri Gandhi for complainant submits that, the
complainant is about 92 years old person. By filing this application
accused is prolonging the matter. The accused sitting in United Kingdom
wants to lead his evidence through video conferencing mode is nothing
but avoiding to appear before the court. Further, he submits that, in the
application the accused has not mentioned anything about his health
condition and latter on filed the opinion of Medical Officer in respect of
his health condition. Those medical opinion are false. The accused is
waiting for death of complainant, who is very old person and by
adopting various tactics he is prolonging the matter. Lastly, he prayed
that, application be rejected.
6. The record shows that, the complainant has adduced his
evidence and the examination of accused under section 313 of Code of
Criminal Procedure has been recorded by adopting mode of video
conferencing mode. Now the accused wants to adduce his defence
evidence and wants to get examine himself in the matter. It is to be
noted that, at this stage the documents regarding health condition of
accused cannot be overlooked. By way of video conferencing mode his
evidence can be recorded. Therefore, I do not find any substance in the
objection raised by the complainant that, accused is prolonging the
matter by filing the present application. By adopting mode of video
conference to record the evidence of accused will definitely curtail the
time. The accused is having appointment with hospital on 21/03/2024.
Therefore, till then waiting for appearance of accused before the court
for giving evidence is nothing but futile the whole purpose of speedy
trial. Hence, I am of opinion that, evidence of accused can be recorded
by adopting video conferencing mode. Hence, I proceed to pass
following order.
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C. C. No.769/SS/2021 --03-- Dinkar V/s. Rahul
ORDER BELOW EXH.31
ORDER
1 Application is allowed.
2 The date for recording defence evidence of accused
will be fixed on 02/03/2023.
3 The accused shall provide virtual link for recording his
defence evidence before 02/03/2024, so as to record it
easily.
4 If any technical problem arise regarding connectivity
etc. during recording evidence of accused on video
conference mode then accused shall personally appear
before the court for giving his defence evidence.
Date : 28/02/2024.
SRD
Sd/-
( A. B. Jadhav )
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Dictated on :- 28/02/2024.
Transcribed on :- 28/02/2024.
Checked on :- 28/02/2024.
Signed on :- 28/02/2024.
SRD
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