HC directs NRI to appear before trial court in domestic violence case via video conferencing

The petitioner, Amritpal Singh Bains, a Non-Residing India in Canada, had approached the High Court, seeking to quash order of November 18, 2020, passed by the JMIC, Mohali whereby summons under Section 105 B CrPC were issued against the petitioner.

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The Punjab and Haryana High Court on Saturday directed an NRI accused to appear before the trial court through video conferencing, in connection with a domestic violence case filed against him by his wife at Mohali.

The petitioner, Amritpal Singh Bains, a Non-Residing India in Canada, had approached the High Court, seeking to quash order of November 18, 2020, passed by the JMIC, Mohali whereby summons under Section 105 B CrPC were issued against the petitioner. Bains is an accused under Sections 420, 406, 498 A, 120 B of the IPC in a case registered by his wife on September 10, 2020 at Police Station NRI, District Mohali, Punjab.

The NRI challenged the order of the JMIC Court of Mohali, relying on a decision of Supreme Court in ‘State of Madhya Pradesh Versus Balram Mihani and others’, 2010 (2) JT 143 to contend that Section 105 B CrPC can be invoked only in very serious crimes applicable to offences having international ramifications. Meanwhile, the petitioner undertakes to join investigation as soon as circumstances permit.

The bench of Justice Harinder Singh Sidhu, after hearing the arguments directed that no coercive steps will be taken against petitioner in pursuance to order dated November 18, 2020 till next date of hearing. Meanwhile, the petitioner may join investigation through video conferencing, for which purpose, he will the provide mobile number or the device on which video conferencing is to be done.

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