P&H HC Permits Australian NRI To Join Criminal Investigation Via Video Conferencing Until Resumption Of International Flights [Read Order]

The Single Bench of Justice Nirmaljit Kaur said that no coercive action shall be taken against the Petitioner- Sher Partap Singh, in pursuance of the summons issued by the lower Court, until January 31, 2020.

"No coercive steps shall be taken in pursuance to the order dated 20.6.2020 till 31.1.2021 with the hope that the international flights shall commence by then. However, in case the international flights between India and Australia commences before that, the respondents will be at liberty to move an application requiring the petitioner to join the investigation in India," the Bench observed.

It further added,

"However, meanwhile, the petitioner may also join the investigation on Video Conferencing with the police in India for which he shall supply his mobile phone number on which the same can take place."

The Court was hearing a criminal miscellaneous petition seeking quashing of an FIR registered against him by his wife, under Sections 420 (Cheating), 498-A (Cruelty) and 406 (Criminal breach of trust) of IPC, in the NRI wing of Mohali Police.

During the course of hearing however, the Petitioner withdrew the plea for quashing of the FIR and restricted his relief to quashing of the summoning order.

He had contended that summons under Section 105B CrPC can be invoked only in case of "very serious crimes" applicable only to the offences which have "international ramifications". He had also undertaken to join the investigation as soon as the international flights between India and Australia commenced.

The matter is now listed for hearing in February, 2021.

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