Madhya Pradesh High Court
Monu Sharma vs Lokayukt on 15 April, 2026
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2026:MPHC-GWL:12093
1 MCRC-14782-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
ON THE 15th OF APRIL, 2026
MISC. CRIMINAL CASE No. 14782 of 2026
MONU SHARMA
Versus
LOKAYUKT
Appearance:
Shri Yash Sharma - Advocate for the petitioner.
Shri Sushil Chandra Chaturvedi - Advocate for respondent/Lokayukt.
ORDER
Per: Justice Anand Pathak
1. The instant petition is under Section 528 of BNSS (earlier Section 482 of Cr.P.C.) has been filed by petitioner seeking modification of order dated 16.2.2026 passed by Special Judge (PC Act), Shivpuri in MJCR No.38/2026, whereby application under Section 94 of BNSS filed by the petitioner is being partly allowed.
2. It is the submission of learned counsel for the petitioner that he is an accused and facing wrath of investigation under Section 7 of P.C. Act. By referring circular dated 21.12.2021 (Annexure P/4) issued by Government of India, Ministry of Communications, Department of Telecommunications, New Delhi, whereby certain directions have been given to the lincesor/lincesee for storage of Call Detail Record (CDR), Exchange Detail Signature Not Verified Signed by: ALOK KUMAR Signing time: 4/16/2026 10:20:20 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:12093 2 MCRC-14782-2026 Record (EDR), IP Detail Record (IPDR) and time period for such storage.
3. It is the submission of learned counsel for the petitioner that in December, 2025 on the basis of some Call Detail Records, he has been trapped and investigation is going on. He seeks preservation of Call Detail Records of previous month also, so that he can use the Call Detail Records of that month for his defence, if occasion arises so.
4. Counsel for the respondent opposed the prayer and submits that it is too farfetched at this stage. Record shall be preserved as such for two years as per the said guidelines and it would be preserved till December, 2027 or maximum two years whichever is earlier. Therefore, at this stage, no such direction is required to be given. Court below has already directed for preservation of Call Detail Records of certain people mentioned in the order for period 9.12.2025 to 10.12.2025.
5. Considering the rival submissions and the fact that matter is under investigation and for two years Call Detail Records would be preserved as per circular dated 21.12.2021 issued by Director, Department of Telecommunications, Government of India where different time periods have been prescribed for different purposes. Said time line shall be adhered to by the respondents and attempt shall be made to investigate the matter as expeditiously as possible and if final report is filed, then petitioner shall participate in the proceedings without causing any delay to the trial. Petitioner shall cooperate in investigation also and shall appear before the Investigating Officer as and when required. This would give sufficient time space to the parties to complete the investigation as well as trial, so that Signature Not Verified Signed by: ALOK KUMAR Signing time: 4/16/2026 10:20:20 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:12093 3 MCRC-14782-2026 question of preservation of Call Detail Records would not arise.
6. Needless to say that parties shall proceed in accordance with law.
7. With aforesaid observations, petition stands disposed of.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
(alok)
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 4/16/2026
10:20:20 AM