AMANATUS SIDDIKA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a revisional application challenging an order dtd. 8/10/2021 passed by the learned Additional Sessions Judge, Kandi, Murshidabad in Criminal Revision No. 17 of 2021, thereby affirming an order passed by the learned Magistrate rejecting an application of an accused under Sec. 91 of the Code praying for preservation of CCTV footages and phone call records.

(2.) The petitioner is an accused in GR Case No. 898 of 2021 pending before the learned Additional Chief Judicial Magistrate, Kandi, Murshidabad corresponding to Salar Police Station Case No. 104 dtd. 13/6/2021 under Sec. 498A of the Penal Code and Ss. 3, 4 of the Dowry Prohibition Act. She filed an application dtd. 24/8/2021 under Sec. 91 of the Code praying for preservation of CCTV footages and phone call records. It is the petitioner 's claim that on a particular date of occurrence, neither the informant nor the petitioner or her sister was present at the place of occurrence. The petitioner prayed that the CCTV footages dtd. 12/6/2021 from the cameras installed at Hattala, Masundi and Binodia bus-stand and the phone call records between the concerned parties would bear out the truth.

(3.) By an order dtd. 18/9/2021, the learned First Court dismissed the application under Sec. 91 of the Code as premature and devoid of merits. The matter was pending at the stage of supply of copies.