In this post we will be discussing the case where the Punjab and Haryana high court has allowed an Australian NRI to join a probe through videoconferencing.
This case is about a petitioner, Sher Partap Singh, is being probed in a dowry and criminal conspiracy case by the NRI wing of Mohali police.
The petitioner had approached the high court seeking the quashing of the FIR. After the plea had not found favour with the court, Sher Partap’s counsel Saurav Bhatia had requested that the summoning order issued to his client in June 2020 to join the probe be stayed, as international flights were suspended. Bhatia had told the court that his client would join the probe as and when flights between India and Australia resumed.
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As per the reports the petitioner is being probed in a dowry and criminal conspiracy case by NRI wing Mohali police.
304B. Dowry death.—
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
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120A. criminal conspiracy.-
When two or more persons agree to do, or cause to be done,
- an illegal act, or
- an act which is not illegal by illegal means, such an agreement is designated a criminal
The decision of the court, to allow NRI to join through Videoconferencing was well and fair enough as international flights were suspended, and because of that hearing would not be delayed. This decision according to me was very impressive and the court also said client would join the probe as and when flights between India and Australia resumed.
As for now the high court, while restraining the police from taking any coercive steps till January 31, 2021, said that if by then flights resumed between the two countries, the opposite party could file an application for his summoning.
However, he (Sher Partap) may also join the probe through videoconferencing with the police in India, the court said, asking Bhatia to supply Sher Partap’s mobile number.
For case specific advice please contact best/top/expert NRI Legal Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur.
This post is written by Bharti Verma.
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