Sanjeet @ Shakti v. State Of Haryana And Others

2023:PHHC:102504

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 205-2 CRWP-544-2023 Date of Decision: 07.08.2023 Sanjeet @ ShakƟ ......... PeƟƟoner

Versus

State of Haryana and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Sandeep Kotla, Advocate for the peƟƟoner. Mr. Manish Bansal, Sr. D.A.G, Haryana.

**** ANOOP CHITKARA, J. (ORAL) The present peƟƟon has been filed under ArƟcle 226 of the ConsƟtuƟon of India for issuance of a writ in the nature of Mandamus direcƟng respondents No. 1 to 4 to ensure the safety and security while producing the peƟƟoner before Courts or joining him any other proceedings.

2.

Counsel for the peƟƟoner submits that the peƟƟoner is facing trial for different offences. There is threat to the life of peƟƟoner at the hands of hardcore criminals, as well as notorious elements to his life and even from the some police officials as well. He further prayed for his producƟon before the trial Court through video conferencing if his physical presence is not necessary. Counsel for the peƟƟoner on instrucƟons submits that the peƟƟoner would not claim any prejudice in case he is produced through video conferencing.

3.

State counsel also does not explicitly opposes this kind of submission and submits that there is no averments qua the detail/name of authority from whom he is apprehending threat in the peƟƟon.

4.

Given the apprehension of threat to life and specific prayer with concession made by the peƟƟoner (accused) that he shall not claim any prejudice in any Court at any JYOTI 2023.08.09 14:20 I attest to the accuracy and integrity of this order/judgment.

CRWP-544-2023 -22023:PHHC:102504 stage if he is produced through video conferencing, the prayer is allowed. Wherever possible the peƟƟoner shall be produced before the Court through video conferencing. However, it is clarified that when for the purpose of idenƟficaƟon, if he is required or the concerned Judge feels that his personal appearance is required, in that eventuality, he be produced physically. State shall ensure that no harm is caused to peƟƟoner's life. 5.

The present peƟƟon is partly allowed to the extent menƟoned above. All pending miscellaneous applicaƟons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 07.08.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.08.09 14:20 I attest to the accuracy and integrity of this order/judgment.