Punjab-Haryana High Court
Dinesh vs State Of Haryana And Others on 11 October, 2021
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CRWP-9562-2021
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-9562-2021
Date of decision:11.10.2021
Dinesh
...Petitioner
Versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present:- Mr. Vikas Gulia, Advocate for the petitioner.
Mr. Manish Dadwal, AAG, Haryana.
*****
HARNARESH SINGH GILL, J. (ORAL)
This is a petition under Article 226 of the Constitution of India
for issuance of a writ in the nature of mandamus directing respondents
No.2 and 3 to protect the life and liberty of the petitioner at the hands of
some unknown persons as they threatened to kill him during his physical
appearance before the Courts; and to produce him in each and every case of
hearing through Video Conferencing.
Learned counsel for the petitioner submits that the petitioner is
a convict and there are 9 FIRs pending or registered against him in different
districts in the State of Haryana. It is further submitted that on 18.08.2021,
when the petitioner was physically produced before Additional Sessions
Judge, Panipat, in case bearing FIR No.188 of 2018 registered under
Section 379-B read with Section 34 IPC, then some unknown persons had
threatened to kill him very soon. The petitioner at that time brought the
matter to the notice of the local police, but the persons could not be
apprehended. It is prayed that the petitioner be allowed to appear before the
different Courts through Video Conferencing.
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CRWP-9562-2021
Learned counsel for the petitioner relies upon the judgment
passed by the Hon'ble Supreme Court in case titled `Kalyan Chandra Sarkar
Vs. Rajesh Ranjan @ Pappu Yadav and another, 2005(1) RCR (Criminal)
988 (SC).
Learned State counsel, on the instructions from
Superintendent, Central Jail, Ambala, submits that he has no objection, if
the petitioner is allowed to be produced before the different Courts as the
facility of Video Conferencing is available in Central Jail, Ambala.
I have heard learned counsel for the parties.
Since there are as many as 9 FIRs pending or registered against
the petitioner in different districts in the State of Haryana, he has to appear
there physically. The petitioner is having a threat, which was forwarded by
some unknown persons to him on 18.08.2021 and the matter was brought to
the notice of the local police, but somehow the unknown persons, who
extended the threat, could not be arrested and they managed to run away.
Even there is no objection from the State counsel as the facility of Video
Conferencing is available in Central Jail, Ambala.
In view of the above, the present petition is allowed and the
Superintendent, Central Jail, Ambala, is directed to produce the petitioner
in different Courts in the State of Haryana through Video Conferencing.
It is made clear that as and when the personal appearance of
the petitioner is required by the trial Court, he shall be produced before it.
11.10.2021 (HARNARESH SINGH GILL)
ishwar JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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