Om Prakash Jaiswal vs The State Of Jharkhand And Another
2021 Latest Caselaw 1509 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 578 of 2021

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       Om Prakash Jaiswal                                ..... Petitioner
                                --   Versus      --
       The State of Jharkhand and Another                ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. R.S. Mazumar, Sr. Advocate For the State :- Mr. Suraj Verma, APP

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3/24.03.2021 Heard Mr. R.S. Mazumdar, the learned Senior counsel appearing on behalf of the petitioner and Mr. Suraj Verma, the learned counsel for the State.

This criminal miscellaneous petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

Mr. R.S. Mazumdar, the learned Senior counsel appearing for the petitioner submits that the court below by the impugned order dated 15.02.2021 allowed the petition filed by the prosecution for exhibiting certain video in the light of section 65-B of the Evidence Act. He submits that order was allowed on the strength of the judgment of Hon'ble Supreme Court which was overruled by the Hon'ble Supreme Court in the case of "Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal" reported in (2020) 7 SCC pg.1 at paragraph no.59 of that judgment. He further submits that the case of the petitioner is fully covered in view of the judgment rendered by Madhya Pradesh High Court in M.(Cr.)P.No.6604/2017 dated 16.11.2017.

In view of the judgment of Hon'ble Supreme Court and considering that on the overruled judgment of the court below, has passed the said order, let notice be issued upon the Opposite Party No.2 by registered post with A/D as well as under ordinary process, for which requisites etc. must be filed within two weeks.

In the meantime, State will also file counter affidavit. Till the next date of listing, further proceeding in Sessions Trial Case No.245/2018, arising out of G.R.Case No.735/2018 (Telco P.S.Case No.41/2018), pending in the court of learned Additional Sessions Judge-VII, East Singhbhum at Jamshedpur shall remain stayed.

Post on 03.05.2021.

( Sanjay Kumar Dwivedi, J) SI/