Vishal Bhati vs The State Of Madhya Pradesh on 15 March, 2023

[Cites 3, Cited by 3]

Madhya Pradesh High Court

Vishal Bhati vs The State Of Madhya Pradesh on 15 March, 2023

Bench: Anil Verma

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 15 th OF MARCH, 2023
                                         MISC. CRIMINAL CASE No. 10648 of 2023

                          BETWEEN:-
                          VISHAL BHATI S/O SHRI HAKAM SINGH BHATI, AGED
                          ABOUT 22 YEARS, OCCUPATION: SHASKEEYA SHARAB
                          KI DUKAN KAYATHA ME ABHIKARTA, R/O GRAM
                          KHAJURIYA RHAWARI, TEHSIL AND DISTRICT UJJAIN
                          (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI VIRENDRA KUMAR S.PARIHAR - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION KAYATHA,
                          TEHSIL AND DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI VIRAJJ GODHHA - PANEL LAWYER)

                                This application coming on for admission this day, the court passed the
                          following:
                                                             ORDER

The applicant has filed this petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') being aggrieved by the order dated 30/01/2023 passed by the Additional Sessions Judge, Tarana, District Ujjain (M.P.) in Criminal Revision No.31/2022 thereby dismissing the criminal revision by uphelding the order dated 10/08/2022 passed by Judicial Magistrate First Class, Tarana, District Ujjain (M.P.), whereby an application preferred by the applicant under Section 91 of Cr.P.C. for preserving the call details of the accused has been dismissed.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/16/2023 12:37:19 PM 2

The facts giving rise to this petition in brief are that on 06/08/2022 police got a discrete information regarding illegal transportation of the liquor. Act upon the said information, police party reached on the spot and recovered some liquor from the spot. After seeing the police some of the accused persons fled away from the spot. Accordingly, offence has been registered.

Counsel for the applicant has filed an application under Section 91 of Cr.P.C. before the trial Court stating that at the time of incidence, he was not present at the spot. He has been falsely implicated in this matter by the police authorities. Therefore, in order to prove the plea of alibi, CDR / mobile tower locations of the concerned police personnel and accused persons namely Vishal Bhati (Mobile Nos. 9131155848 and 9630379066) and Rahul (Mobile No.8269345986) from dated 06/08/2022 (06:00 AM) to 07/08/2022 (06:00 PM) will be useful and must be preserved.

After hearing both the parties, the trial Court vide order dated 10/08/2022 rejected the application filed by the applicant. The applicant preferred a revision before the Additional Sessions Judge, Tarana but the same has also been dismissed vide order dated 30/01/2023, therefore, petitioner has preferred this petition before this Court.

Learned counsel for the applicant submits that the impugned orders passed by both the Courts below are against the law and facts. Both the Courts have erred in dismissing his application, therefore, he is deprived to establish his defence before the trial Court. He further prays that at present as such call details should be preserved because most of the mobile companies destroy their data after lapse of certain period and CDR and tower locations of applicants and police personnel cannot be obtained/preserved without Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/16/2023 12:37:19 PM 3 permission of Court. Hence, the order passed by both the Courts be set aside and CDR / tower location of the accused persons and concerned police authority be preserved.

Per contra, learned counsel for the respondent/State opposes the application and prays for its rejection by supporting the orders passed by the Courts below.

Heard learned counsel for the parties and perused the record. After due consideration, in order to facilitate the defence of the applicant, which is necessary in the ends of justice, the application filed by the applicant under Section 91 of Cr.P.C. is allowed. It is ordered that the trial Court shall send the intimation to the concerned mobile company to preserve the CDR / tower locations / record of the calls made by and on the mobile numbers of the applicant as mentioned above at the relevant point of time.

With the aforesaid observation and direction, the present petition stands disposed off.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/16/2023 12:37:19 PM

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