Sanjeet @ Shakti vs State Of Haryana And Others
2023 Latest Caselaw 12104 P&H

                                                                                            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 @ Shak                                                    ......... Pe   oner
                                                                     Versus

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

                          CORAM:        HON'BLE MR. JUSTICE ANOOP CHITKARA

                          Present:-     Mr. Sandeep Kotla, Advocate for the pe    oner.

                                        Mr. Manish Bansal, Sr. D.A.G, Haryana.

                                                        ****

                          ANOOP CHITKARA, J. (ORAL)

The present pe on has been filed under Ar cle 226 of the Cons tu on of

India for issuance of a writ in the nature of Mandamus direc ng respondents No. 1 to 4 to

ensure the safety and security while producing the pe oner before Courts or joining him

any other proceedings.

2. Counsel for the pe oner submits that the pe oner is facing trial for

different offences. There is threat to the life of pe oner 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 produc on before the trial Court through video

conferencing if his physical presence is not necessary. Counsel for the pe oner on

instruc ons submits that the pe oner 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 pe on.

4. Given the apprehension of threat to life and specific prayer with concession

made by the pe oner (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 -2- 2023:PHHC:102504

stage if he is produced through video conferencing, the prayer is allowed. Wherever

possible the pe oner shall be produced before the Court through video conferencing.

However, it is clarified that when for the purpose of iden fica on, 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 pe oner's life.

5. The present pe on is partly allowed to the extent men oned above. All

pending miscellaneous applica ons, if any, stand disposed of.

                                                                      (ANOOP CHITKARA)
                                                                          JUDGE
                          07.08.2023
                          Jyo -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.