Delhi High Court - Orders
Garima Gupta vs The State Govt Of N C T Of Delhi on 13 August, 2024
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2417/2024
GARIMA GUPTA .....Petitioner
Through: Mr. Dhruv Joshi, Advocate.
versus
THE STATE GOVT OF N C T OF DELHI .....Respondent
Through: Mr. Sanjeev Bhandari, Additional
Standing Cousnel along with Ms.
Spriha Bhandari, Ms. Charu Sharma,
Mr. Arjit Sharma and Mr. Vaibhav
Vats, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 13.08.2024 CRL.M.A. 23628/2024 (Exemption)
1. Allowed, subject to all just exceptions.
2. Applications stands disposed of.
W.P.(CRL) 2417/2024
1. The present petition has been filed by petitioner seeking certain directions for preservation of relevant data available with telecom/internet service providers.
2. The petition was filed in the context of the following facts.
3. An FIR bearing 123/2022 was registered at PS Cyber North under Section 507, 509 IPC read with Section 66D and 84C of IT Act, at the instance of the petitioner, on 18th October, 2022.
4. On 19th September, 2023, a cancellation report was filed by the IO, stating that there was no evidence on record to prove the allegations of the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:05:56 complainant.
5. On 16th January, 2024, petitioner filed an application before the CMM, seeking preservation of CDR and IPDR records of five persons, being of critical in the investigation of the case and an important piece of evidence.
6. Thereafter, right of the petitioner to file protest petition was closed by CMM on 15th February, 2024. A revision petition was filed in which the ASJ directed the petitioner to file protest petition on 28th March, 2024. The protest petition is currently pending before the CMM and the next date scheduled is 17th August, 2024.
7. The grievance of the petitioner arises in this context - if the protest petition is allowed finally, evidence in question which is substantially based upon call records would stand extinguished, considering as per regulations, it cannot be preserved for more than two years.
8. In this context, an application has already been moved by the petitioner before the CMM which is listed along with the protest petition.
9. This aspect has been considered previously by order dated 20th February, 2024 of this Court in CRL.M.C. 1602/2024.
10. This Court had noted on 20th February, 2024, in para 14 of the said order that CMM considering the petition for protest, can pass further directions that may be necessary, for the purpose of deciding the protest petition in a just manner.
11. In these circumstances, it is directed that CMM shall consider the application of the petitioner for preservation of data on its own merits and in context of the protest petition which has been moved.
12. Needless to state, in case the protest petition is allowed, the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:05:56 preservation of data could form part of the evidence and may be necessary, in the ultimate run of things.
13. The matter is listed before the CMM on 17th August, 2024; considering the circumstances of the matter, the matter may be disposed of expeditiously by the CMM.
14. The petition is, therefore, disposed of with the aforesaid directions.
15. Order be uploaded on the website of this Court.
ANISH DAYAL, J AUGUST 13, 2024/RK Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:05:56