RAM NIWAS DHURIYA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Petition under Sec. 482 Cr.P.C. read with Article 227 of the Constitution of India has been preferred on behalf of the petitioner for setting aside order dtd. 6/12/2023 passed by learned Special Judge (PC Act) (CBI)-18, Rouse Avenue District Courts, New Delhi whereby witness (Shri K.G. Sathyasingan) has been allowed to be examined through video conferencing.

(2.) Petitioner, who is one of the accused before the learned Trial Court moved an application under Sec. 138 of Indian Evidence Act, 1872 on 15/3/2023 that witness Shri K.G. Sathyasingan be examined by directing his physical presence and not through video conferencing, since the witness is to be confronted with several documents during cross-examination which may not be feasible on examination of the witness through video conferencing.

(3.) Considering that the case was being protracted and is one of the oldest pending matters before the learned Trial Court, the witness was contacted telephonically by the learned Trial Judge through Reader on his own, who informed that he is no more a citizen of India and is residing in Australia. Witness further apprised that he was 79 years old, suffering from number of ailments, due to which he is unable to travel long distance for physical appearance as a witness. Learned Trial Court also noticed that CBI had not moved any formal application for conducting the evidence of remaining witnesses through video conferencing. In the aforesaid background, learned Trial Court vide impugned order dtd. 6/12/2023 considered the issue, 'whether the witness Shri K.G. Sathyasingan (Sanctioning Authority) is/isn"t to be examined as witness through video conferencing'.