RAKESH NATWARLAL DOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicants seek to quash and set aside the order dtd. 16/11/2022 passed below Exh.11, in Criminal Case No.25748 of 2020 passed by learned 4 th Additional Judicial Magistrate First Class at Vadodara, whereby the trial Court permitted the applicants-accused to appear through video conferencing, as per the rules framed by the High Court.

(2.) The applicants herein are presently residing at U.S.A. They have been facing charges for the offences punishable under Sec. 376 , 406, 420, 498A, 506(1), 120B of the IPC. Pursuant to the charge-sheet submitted before the Committal Court at Vadodara, the Court asked the applicants to remain present so that committal proceedings to the Court of Sessions can be initiated. Learned advocate for the applicants, filed an application Exh.11, praying, inter-alia that, their plea for committal proceedings be recorded through video conferencing. The learned trial Court vide its order dtd. 16/11/2022 allowed the application and permitted the applicants to appear through video conferencing as per the Rules framed by the High Court called as "The Gujarat High Court Rules for Video Conferencing for Courts (High Court and Subordinate Courts), 2021. Rule 5 provides for preparatory arrangements to carry out the procedure of video conferencing. Rule 5(1) and 5(2) provides that, there shall be a coordinator at the Court point and at the remote point from which required person is to be examined or heard. It further provides that, for the remote point the coordinator shall be an official of an Indian Consulate/the relevant Indian Embassy/ the relevant High Commission of India. Considering the aforesaid rules, the trial Court while allowing the application, directed the present applicants-accused to arrange video conferencing through the remote point coordinator i.e. an official of an Indian Consulate/the relevant Indian Embassy/the relevant High Commission of India.

(3.) In the aforesaid facts, the present application has been preferred by the applicants-accused mainly on the ground that, it is difficult on their part to arrange the video conferencing through the remote point coordinator.