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Madhya Pradesh High Court

Radhe @ Radheshyam Singh Tomar vs The State Of Madhya Pradesh on 19 December, 2023

Author: Anand Pathak

Bench: Anand Pathak

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                     MCRC No. 39865 of 2023
                                     (RADHE @ RADHESHYAM SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-12-2023
                                   Shri Mukesh Pathak, learned counsel for the applicant.

                                   Shri R.S. Kushwaha, learned Dy. Advocate General for the State.
                           1.

Shri Shashi Kant Sharma, ADG, NIC Delhi who is Head of Department of I.C.J.S. and Ms. Pranjali Shukla, AIG, S.C.R.B. are present before this court through online mode.

2. Shri Amit Sharma, Sub-Inspector and Shri Vijay Singh Sikarwar, ASI, C.C.T.N.S. are present in person before this Court.

3. As per order dated 12.12.2023 passed by this Court Shri Shashi Kant Sharma, ADG, NIC Delhi and Ms. Pranjali Shukla, AIG, S.C.R.B. are connected online. Shri Sharma discussed the issue in detail about viability of the project. According to him, I.C.J.S. has been connected with "SANDES APP"

Software and now it is possible that "SANDES APP GROUPS (CHAT GROUPS)" can be created. However; he sought three weeks time to discuss the professional and technical viabilities while coordinating with State Crime Record Bureau, State C.C.T.N.S. and other police officers.

4 . Shri R.S. Kushwaha, learned Dy. Advocate General for the State undertakes to provide necessary legal/professional input for helping him out in creation of "SANDES APP GROUPS".

5 . Shri Harshit Sharma, Advocate (counsel for applicant in MCRC No.34900/2023) and other counsel appearing for the parties in different cases are also requested to help Shri Kushwaha by giving professional/legal input, if any.

6. This court discussed the aspect of creation of "SANDES APP GROUPS"

for every individual crime number (for serious offences) and for creating synergy with Interoperable Criminal Justice System (I.C.J.S.) in case of Vijendra Singh Sikarwar Vs. State of M.P. And others, 2023 SCC OnLine MP 3129 in detail. To ensure speedy trial, quick service of summons to the witnesses is required. For that, beside usual mode of service of summons, this Court directed to create "SANDES APP GROUPS" in which complainant, Investigating Officer, SHO, Public Prosecutor and Court Munshi are to be added initially. Other stake holders to be added as per necessity and as per stage of investigation/trial. This would also ensure protection of complainant/witnesses if they are intimidated by the accused because then they can directly report to Investigating Officer or to SHO of Police Station about conduct of accused on Chat Group.

7. Purpose of this whole exercise is to create an echo system whereby period of service of summons in criminal trial can be reduced and protection of witnesses can be ensured while complying the order of Apex Court delivered in the case of Mahendra Chawla Vs. Union of India and others, 2018 SCC OnLine SC 2678 and order passed by this Court in the case of Vijendra Singh Sikarwar (supra) in letter and spirit. This would create a mechanism for better Administration of Justice.

8. Shri Shashi Kant Sharma, ADG, NIC Delhi who is Head of Department of I.C.J.S. and Ms. Pranjali Shukla, AIG, S.C.R.B. and other officer are expected to join through Video Conferencing for assistance of court on next date of hearing.

9. At the joint request of the parties, matter is placed on 24.01.2024.

(ANAND PATHAK) JUDGE Rashid Signature Not Verified Signed by: RASHID KHAN Signing time: 19-12-2023 08:06:43 PM