GHANSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present petition, petitioner has challenged the order dtd. 23/2/2022 passed by the learned Metropolitan Magistrate No. 3, Jodhpur Metropolitan (hereinafter referred to as 'the trial Court') whereby petitioner's application filed under Sec. 91 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for summoning call details of SHO - Parmeshwari, Constables - Akbar, Pemaram, Madaram and Ashok has been rejected.

(2.) The facts narrated briefly are that the petitioner instituted a complaint alleging that the concerned SHO has falsely implicated the petitioner in a case under Sec. 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985') on the basis of false recovery.

(3.) In the complaint so filed, when the statements under Ss. 200 and 202 of the Code had been recorded, the petitioner moved an application on 18/11/2021 under Sec. 91 of the Code and requested the trial Court to summon call details of the above referred officials of the concerned police station.