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Anokhilal v. State of Madhya Pradesh

One of the issues that has arisen in the present case is compliance with the statutory time-frame fixed by proviso to Section 309(1) of the Cr.P.C.(as amended in 2018).

(S.A. Bobde, L. Nageswara Rao and R. Subhash Reddy, JJ.)

Anokhilal ________________________________________ Appellant;

v.

State of Madhya Pradesh __________________________ Respondent.

Criminal Appeal Nos. 62-63/2014, decided on December 12, 2018

The Order of the court was delivered by

Order

1. One of the issues that has arisen in the present case is compliance with the statutory time-frame fixed by proviso to Section 309(1) of the Cr.P.C.(as amended in 2018). That Section provides a time limit of 60 days within which the trial is supposed to be completed. In this context, we consider it appropriate to explore the possibility of using video-conferencing for the purpose of recording evidence since it is believed that such use will eliminate the time taken for summoning the witnesses to Court.

2. However, an apprehension is expressed at the Bar that the video-conferencing facility is not always available throughout the trial in various parts of the country and in the present state of the art, it cannot be wholly relied on. Since, this appears to be surmountable, we consider it appropriate to hear National Informatics Centre (NIC) and Department of Justice in the matter. Accordingly, issue notice to the following authorities returnable on 30.1.2019:

1. Director General, NIC, A, Block, Lodhi Road, CGO Complex, Pragati Vihar, New Delhi-110003.

2. Department of Justice Thr. Secretary, Ministry of Law and Justice, Jaisalmer House, 26, Mansingh Road, New Delhi.

3. List the matter on 30.01.2019.

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