Punjab & Haryana High Court Makes WhatsApp Video Call To Police Station To Ascertain Whether Accused Joined Cheating Probe

While deciding a plea for extension of time to join probe, the Punjab and Haryana High Court made a video call on WhatsApp to the concerned Station House Officer, to ascertain whether the accused persons who were granted anticipatory bail, had joined investigation in a cheating case.

The development came during the proceeding when the State counsel submitted that the accused had not joined the proceedings but the counsel representing the accused persons submitted that the police authorities were not allowing the petitioners to join the investigation despite the fact they were present in the police station.

Justice Sandeep Moudgil in its his order said, "since the submissions from both the sides did not inspire confidence, this Court thought it proper to watch the proceedings through video call and directed Mr. Jaspal Singh Guru, AAG, Punjab to connect the Station House Officer, SAS Nagar, Mohali on video call via WhatsApp."

Accordingly, the Station House Officer was connected and on the other hand, advocate Nikhil Ghai representing the accused directed his clients to report at the Police Station.

On video call the Court watched the proceeding of the Police Station wherein both the petitioners-accused were present.

The SHO present in the station finally stated that "the petitioners have joined the investigation and are not required for further custodial interrogation".

The Court was hearing an application under Section 528 of BNSS, 2023 for extension of time for joining the investigation granted by the court while granting anticipatory bail.

In the pre-lunch session, the case was called and affidavit of the SHO was filed on behalf of the respondent-State in compliance of the Court's direction, stating that the petitioners have not joined the investigation

On the other hand, counsel for the petitioners produced copy of the photographs which depicted that the accused-petitioners were standing at the main gate of the police station.

Opposing this the State's counsel said,"This very fact was though contested by learned State counsel asserting that he has the CCTV footage pertaining to 02.12.2024 right from 10:00 a.m. till 05:00 p.m. to assert that the petitioners do not come present at police station to join the investigation at any point of time and the photographs have been managed just to create a defence before this Court at some other time that too merely at the main gate of the police station".

While noting that the situation of "the blames and counter- blames" being made by the petitioners through their Advocate as well as the State counsel continued, to settle the controversy, the Court decided to make a video call on WhatsApp directly to the Police Station.

While noting the submissions of SHO on video call, the plea was disposed of.

Case Title: KULWINDER SINGH AND ANR v. STATE OF PUNJAB

Mr. Nikhil Ghai, Advocate for the petitioners.

Mr. Jaspal Singh Guru, AAG, Punjab.

Mr. L. S. Sidhu, Advocate for the complainant.

Click here to read/download the order