Nivashini Mohan, F/35 Yrs v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.931 of 2017 Nivashini Mohan ... Petitioner/Defacto Complainant Vs.

1. State, Rep. By The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai-600 040.

2. R.Nivendran ... Respondents/Complainant (Impleaded the 2nd respondent as per the order of this Court dated 15.02.2017 in Crl.M.P.No.2334 of 2017) Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. Praying for a direction to the Chief Metropolitan Magistrate, Egmore, Chennai-8 to take steps expeditiously to arrange for the completion of the evidence of the petitioner through video conference in C.C.No.10981 of 2008. For Petitioner :

Mr.C.T.Mohan For 1st respondent :

Mr.P.Govindarajan For 2nd respondent :

Mr.Thomas T Jacob

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Chief Metropolitan Magistrate, Egmore, Chennai-8 to take steps expeditiously to arrange for the completion of the evidence of the petitioner through video conference in C.C.No.10981 of 2008.

2.Heard the learned counsel for the petitioner as well as the respondents.

3.It is not in dispute that the petitioner is temporarily residing at New Jersey, U.S.A. Learned counsel appearing for the defacto complainant also submitted that he has no objection, if the petitioner is permitted to be examined through video conference.

4.It is brought to my notice that the Court of the learned Chief Metropolitan Magistrate, Egmore, Chennai-8 is equipped with facility for video conferencing. Since a limited prayer is sought for in the present petition, there shall be a direction to the learned Chief Metropolitan Magistrate, Egmore, Chennai-8 to take steps as expeditiously to arrange for completion of evidence of petitioner through video conferencing in C.C.No.10981 of 2008, after following the guideline prescribed by the Hon'ble Supreme Court of India in the case of State of Maharashtra Vs. Dr.Praful B.Desai reported in 2003 Supreme Court Cases (Cri) 815. Such an exercise shall be completed with a period of two weeks from the date of receipt of copy of this order. It is also made clear that the petitioner as well as the defacto complainant shall co-operate and complete the proceedings through such video conferencing, within the prescribed time limit.

5.With the above observation, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rm To

1. The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai-600 040.

2. The Public Prosecutor, High Court, Madras.

3. The Chief Metorpolitan Magistrate, Egmore,Chennai +2cc to M/s.C.T.Mohan, Advocate, S.R.No.53352 Crl.O.P.No.931 of 2017 RSI(CO) CU(09/08/2017)