LoneFighter (IT) 29 October 2014

Contesting case using video conferencing

Dear experts,

A1 is working abroad and pursuing job for his livelihood.

A case based on false promise of marriage is filed against him. The girl is trying hard to bring him to India and ruin his life. Anyhow, he do not have intentions to not contest the case, but the problem is coming to India, he will lose the hard-earned career forever.

Is there a way to contest the case through video conference, or in his absence, using his advocate. I have gone through a few judgments where in evidence is allowed through video conferencing.

--> Any citations where in Accused also can use this facility for criminal case??

--> please suggest if there is way to proceed the case while he is still working abroad.

--> If he has to file any petition in any Indian court, Can his lawyer do it without his physical signature in vakalatnama. If yes, please let me know how?

Thanks,

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 02 November 2014

Evidence of accused in criminal case? What is the case filed by her and under which provisions of law? Have you obtained bail in case the case is under non bailable offence?, if not how did you come to know about the pendency of such a case against you, did you get any notice from police o appear for investigation? You can engage a lawyer, get anticipatory bail, and after that file a petition before the same trial court u/s 205 cr.p.c. to dispense with the personal appearance before the court and challenge the case through your advocate. Don't worry about the video conference etc., it is not required at this stage.

LoneFighter (IT) 03 November 2014

Kalaiselvan Sir.

No, not as an evidence, but to be present for hearings. But accused has to be present for all the hearings until unless explicit permission is obtained by accused.

Case is filed on false promise of marriage offence ..

Bail is not obtained. IO notified accused via his company HR that there is case against him and in chargesheet he mentioned that accused did not respond. IO submitted chargesheet without invesigating accused.

Ok Sir. Accused is not in india. we would want the case to proceed without Accused's appearance, as he might not be able to appear in court now and then and it costs a ton to come and appear before the court and go back.

I guess petition under 205 crpc might not be accepted .. as per our advocate's words since he has idea about the court in which the case is filed.

Any suggestions is highly appreciated, Accused very much want to contest the case, but at the same time, he would want to continue pursuing his hardearned career. Our learned advocate advised us to go for stay for now and later contest the case. if there is a way to contest the case without his career being hampered completely, please let us know.

Thank you very much in advance.