Madhya Pradesh High Court
Karulal vs The State Of Madhya Pradesh on 22 January, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:2899
1 MCRC-1448-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 22nd OF JANUARY, 2026
MISC. CRIMINAL CASE No. 1448 of 2026
KARULAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Kuldeep Dashora - Advocate for the petitioner.
Shri Hemant Sharma -Govt. Advocate appearing on behalf of
Advocate General.
ORDER
1] This petition has been filed by the petitioner under Section 528 of the BharatiyaNagrik Suraksha Sanhita, 2023/under Section 482 of the Cr.P.C.,1973, against the impugned order dated 30.12.2025, passed by the learned Special Judge, NDPS Act, Neemuch (M.P.) in SC NDPS No. 42/2024, whereby, the application filed by the complainant/petitioner under Sections 92 & 94 of BNSS,2023, for preservation of CDR, IPDR, PSTM and tower location in Crime no. 69/2024, registered at police Station-Neemuch Cantt. under Sections 8/15, 25, 27-A of the NDPS Act and Sections 304, 120-B, 34, 212 of the IPC, has been rejected.
2] In brief, the facts of the case are that the petitioner is the brother of Constable Rajaram Jat, who died in an accident while driving a Scorpio car when his car collided with a Swift Dzire car. According to the petitioner, at Signature Not Verified Signed by: MONI RAJU Signing time: 29-01- 2026 18:41:40 NEUTRAL CITATION NO. 2026:MPHC-IND:2899 2 MCRC-1448-2026 the time of the accident, his brother was chasing the said car as it was allegedly carrying narcotics, which resulted in the recovery of 54 kg of Poppy Straw from the car.
3] Counsel for the petitioner has submitted that with a view to ensure that the death of the petitioner's brother, Rajaram Jat, does not go in vain, the petitioner had also filed an application under Sections 92 & 94 of the BNS for preservation of the CDR and the other digital record of the deceased Constable Rajaram Jat's phone, as well as the mobile phones of both the accused persons. However, the learned Judge of the trial court has rejected the same on the ground that the call details of the mobile phone numbers of the accused, Rajuram and Ramlal, have already been filed, and the prosecution has not stressed the necessity to rely upon any other mobile phone record. Thus, it is submitted that if the call record of the petitioner's brother is not brought on record, serious prejudice would be caused to the petitioner's claim that his brother died while chasing the accused persons, in a deliberate act of the accused persons, and it was not merely an accident. Thus, it is submitted that the petition deserves to be allowed.
4] Counsel for the respondent/State, on the other hand, has opposed the prayer, and it is submitted that the Police has already brought on record the CDRs of the accused persons, hence, no interference in the impugned order is called for.
5] Heard. Having considered the rival submissions, perusal of the record, as also the case diary, this Court finds force with the contentions Signature Not Verified Signed by: MONI RAJU Signing time: 29-01- 2026 18:41:40 NEUTRAL CITATION NO. 2026:MPHC-IND:2899 3 MCRC-1448-2026 raised by the counsel for the petitioner, and is of the opinion that to substantiate the claim of the petitioner that his brother was chasing the accused persons, it would be necessary to have the call details of his brother, Constable Rajaram Jat (deceased) tallied with the details of the CDRs of the accused persons.
6] In view of the same, this Court is inclined to allow the present petition, and accordingly, the impugned order 30.12.2025, is hereby set aside, and the application filed by the petitioner under Sections 92 and 94 of the B.N.S., 2023 is also hereby allowed. The learned Judge of the trial court is requested to ensure that the CDRs and other digital records of the accused, namely Rajuram and Ramlal, and the deceased constable Rajaram Jat, mentioned in paragraph 3 of the application, are preserved and be allowed to be produced in evidence at the relevant time.
7] With the aforesaid, the petition stands allowed and disposed of.
(SUBODH ABHYANKAR) JUDGE moni Signature Not Verified Signed by: MONI RAJU Signing time: 29-01- 2026 18:41:40