Punjab-Haryana High Court
Anita Punia vs State Of Haryana And Others on 19 July, 2023
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
CRM-M-22644-2023 2023:PHHC:091095 -]- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 280 CRM-M-22644-2023 Date of Decision: 19.07.2023 Anita Punia ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present:- Mr. J.S. Toor, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana. Ms. Dakshita Deswal, Advocate for respondent No.7. 3 2 3k 3k 2 AVNEESH JHINGAN, J. (Oral)
1. This petition was filed seeking directions for preserving the call details, location, disc direction and IPDR of mobiles of the persons mentioned in the application.
2. On 08.05.2023, following order was passed:-
"Learned counsel for petitioner inter alia submits that the call details/tower locations of the mobile phones as mentioned at Page-15 of paper-book is going to help the Investigating Agency as well as the Court to decide the trial effectively. He further submits that as per the latest instructions issued by Department of Telecommunications, Government of India, the aforesaid information can only be preserved by the service provider for a period of two years. He also submits that the trial Court while passing the impugned order placed reliance upon the order dated 22.03.2022 passed by the Court below on a similar application in a separate trial, arising out the same incident, though, the same is not yet final as revision petition KAPIL 2023.07.20 10:37 I attest to the accuracy authenticity of this docu Punjab & Haryana High Chandigarh and ment Court, CRM-M-22644-2023 2023:PHHC:091095 -2- arising out of the same is still pending before the Court of Addl. Sessions Judge, Karnal (as an application for seeking restoration of the same is pending for 10.05.2023).
Notice of motion.
Mr. Ramesh Kumar Ambavta, A.A.G., Haryana who is present in Court accepts notice on behalf of respondent-State.
The Superintendent of Police concerned is directed to preserve the call details/tower locations of the mobile numbers as prayed for and mentioned at Page-15 of paper-book. The State counsel shall communicate the order to the concerned Superintendent of Police immediately who shall in turn inform the concerned Mobile companies to preserve the call details/mobile tower locations/IPDR and ensure that the data is not erased till the pendency of present revision petition.
Adjourned to 19.07.2023."
3. Learned State counsel relies upon Para 2 of the status report stating that In-charge Cyber Cell, DPO Karnal had sent an email dated 10.05.2023 to Nodal Officers of Mobile Services Providers/Companies to get preserve the call details of mobile numbers mentioned in the reply in the tabular form. In pursuance to the email sent by In-charge Cyber Cell, DPO Karnal, the call details have been preserved.
4. In view of the above, no further order is called for.
5. The petition is disposed of.
6. Needless to say that call details/mobile tower locations/IPDR preserved shall be kept preserved till the conclusion of the trial.
(AVNEESH JHINGAN) July 19, 2023 JUDGE kapil Whether speaking/reasoned Yes/No Whether reportable Yes/No KAPIL 2023.07.20 10:37 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh