AI Structured Summary
Not yet generated for this judgment
Judgment
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
The petitioners have preferred this misc. petition under Section 482 Cr.P.C. seeking quashing of order dated 02.11.2020 passed by learned Additional
Chief Judicial Magistrate, Jaitaran, Pali.
Learned counsel for the petitioners submits that they have moved an application under Section 91 of Cr.P.C., requiring call details and tower location
of particular eyewitnesses namely Ida Ram and Oma Ram.
Learned counsel for the petitioners further submits that there is a right of the defence to seek production of any document or thing by satisfying the
Court that the same are necessary and desirable for the purpose of adjudication during trial. He also submits that the petitioners had sought the call
details in their representation during investigation, but unfortunately, due to the mistake of the investigating officer, the call details have not been taken
on record by the investigating officer and the same is likely to prejudice the case of defence.
Learned GA cum AAG however, opposed the submissions on the ground that taking of call details and tower location was not required at the time of
investigation, and therefore, they were not taken. However, he candidly admits that in case the same is required then it shall be required to be
preserved in light of the TRAI Regulations and then whenever the learned trial court records its satisfaction, such information can be disclosed to the
Court, if the court so decides.
Learned counsel for the complainant-respondent No.2 submits that at the stage of Section 91 of Cr.P.C., calling for any evidence shall be detrimental
to the cause of the prosecution and whatever has been investigated upon is before the Court and creating any fresh evidence at this stage, is not
justified.
This Court, after hearing learned counsel for the parties, do not wish to delve into the discretion of the learned trial court to call for any document or
thing, which is there in Section 91 of Cr.P.C., and therefore, this Court leaves it to discretion of the learned trial court whether the document or the
tower location or the call details are required or not. However, invoking the powers under Section 482 Cr.P.C., this Court directs the learned court
below and the concerned authority to ensure preservation of the call details in question and keep them in a sealed cover in courts custody to be used
by the Court, in case, such requirement is found by the learned trial court at any subsequent point. This order shall not prejudice the trial on merits for
either sides.
In view of the above, the present petition is disposed of.
Stay petition also stands disposed of.