RAMESH SINGH BHADORIA Vs. STATE OF M.P.

JUDGEMENT

(1.) In this petition under Section 482 of Cr.P.C. the petitioners seek direction to the respondent No. 3 to preserve the call details and location of mobile phones, since after one year from the date of incident, service providers (Telecommunication Companies) delete the call details.

(2.) Learned counsel for the petitioners submits that on the basis of conversation on mobile phones, certain lines have been added to create jurisdiction of Police Station Sehrai, as such, the petitioners filed representation before Police Authorities but no legal action whatsoever was taken. Thereafter, the petitioners approached before the trial Court by filing application under Section 91 of Cr.P.C. for directing the Police Authorities to preserve the call details of mobile phones and produce the same before the trial Court, but the application is still pending. The said application was filed on 24/08/2019 and in spite of urgency, the trial Court vide order 27/08/2019 fixed the case for hearing on 23/10/2019, before that the service providers might delete the call details. Under these circumstances, the petitioners have no option but to invoke inherent jurisdiction by filing the petition.

(3.) Learned counsel for the respondents/State vehemently opposed the prayer and submitted that the petitioners have not filed application under Section 91 of Cr.P.C. on 24/08/2019. On bare perusal of the order sheet dated 27/08/2019, there is no mention that the application was filed on 24/08/2019 nor the trial Court has fixed the case for hearing on the said application, meaning thereby, the application has not been filed at all. In such circumstances, this Court need not exercise its inherent powers. Accordingly, the petition deserves to be dismissed.