Radhe @ Radheshyam Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17472 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                    MCRC No. 39865 of 2023
                                    (RADHE @ RADHESHYAM SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-10-2023
                                 Shri Mayank Pathak - Advocate for applicant.

                                 Shri Shiraz Qureshi - Government Advocate for State.
                                 Vide order dated 25.9.2023, this Court issued directions to SSP, Gwalior
                           to create Whatsapp Group to ensure presence of prosecution witness.
                                 On exploration, it is found that Government of India (National
                           Informatics Centre) has created an app call "Sandes" which is used for inter

                           departmental communication in Central Government.
                                 The question is whether that Sandes can be connected with 'ICJS'
                           (Integrated Criminal Justice System) so that Sandes Group instead of Whatsapp
                           Group can be created. By this method, data would be available within the
                           Country and would be later on used for facilitation of administration of justice
                           in proper perspective and data can be easily retrieved in future, if required in
                           any legal proceeding.
                                 For data protection, it would be a better option.
                                 Another question arises for consideration is whether State Informatics

                           Centre(SIC) can collaborate with technical wing of the Police Headquarters at
                           Bhopal to create Sandes Group in respect of cases registered for heinous
                           offences (like muder, rape etc.) for ensuring appearance of prosecution witness
                           at the earliest and to protect the prosecution witness from the threat of accused
                           and other family members who intimidate witness to turn hostile in trial. This
                           way spirit of witness protection as reflected in judgment of Apex Court in the
                           case of Mahendra Chawla and others Vs. Union of India and others
Signature Not Verified
Signed by: ROHIT SHARMA
Signing time: 18-10-2023
06:10:42 PM
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                           reported in 2018 SCC Online SC 2678 can also be ensured.
                                   Counsel for respondent sought two weeks time to explore the possibility.

At the stage, counsel for applicant also sought time to file copy of proceeding.

As prayed, list this case in the week commencing 30.10.2023.

(ANAND PATHAK) JUDGE

Rohit

Signature Not Verified Signed by: ROHIT SHARMA Signing time: 18-10-2023 06:10:42 PM