HARIDAS Vs. INDIRA PRASAD

JUDGEMENT

(1.) Petitioners are accused Nos. 1 and 2 in CC No. 137/2009 pending before the JFCM, Chalakkudi. Offences alleged against them are under Sections 406, 420, 465 and 468 read with Section 34 IPC. It is stated that the complaint given by the de facto complainant was forwarded to the police under Section 156(3) CrPC. After investigation, charge-sheet was laid against the petitioners alleging commission of offences mentioned above. Complainant is the sister of the 2nd accused. The case was posted for examination of the de facto complainant. A petition was then filed by her husband to permit the examination of the Complainant by means of Tele Video-Conference. It was stated that the complainant is in New York and she is not in a position to come to Chalakkudy for giving evidence because of health problem and also because of mental tension. In the affidavit filed by her husband it is stated that the complainant has no friends or relatives at Chalakkudy and she apprehends that she will be physically dealt with by the accused and their men. The other ground stated in the affidavit is that if the complainant is to come to Chalakkudy, she has to leave her minor children at New York.

(2.) Stating those circumstances, request was made to get her examined by Video-Conference. The application was opposed by the respondents who are the petitioners herein.

(3.) After hearing both sides the learned Magistrate allowed the petition. That order is under challenge in this petition filed under Section 482 of CrPC.