VIPIN K.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. has been filed challenging Annexure-3 order in Crl.M.P.No.34 of 2023 in S.C.No.406 of 2022 on the file of the Additional District and Sessions Judge, Ernakulam.

(2.) The brief facts of the case is that the petitioner is the accused in S.C.No.406 of 2022 alleging commission of offences under Ss. 376(2)(n), 323 and 506 of the Indian Penal Code. The petitioner had filed Annexure-1 petition under Sec. 91 of Cr.P.C. praying for the following relief;

(3.) Aggrieved by non-consideration of that application, the petitioner approached this Court by filing Crl.M.C.No.372 of 2023 which was disposed of by Annexure-2 order directing that the said application shall be considered within a period of two weeks and on finding that it may be necessary for the petitioner to rely on Call Details Records for the purposes of mounting his defence. Annexure-3 order was passed in compliance with the directions contained in Annexure-2 order of this Court. Reading of Annexure-3 order will indicate that the Court has directed the service provider to maintain the Call Details Records in respect of the telephone numbers mentioned in Annexure-1 petition and has also directed that the service provider shall produce those records, as and when called for by the Court. The petitioner is only aggrieved by the fact that the Court has not summoned the records presently.