UTTAM SHARMA Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) - In this criminal petition filed under Sec. 397/401 Crimial P.C., the petitioner is challenging the validity of the order dated 18.10.2014 passed by the Addl. Sessions Judge (Women Atrocities Cases), Udaipur in Sessions Case No.194/2013 by which the learned trial court declined to summon the call details of deceased's cell phone and dismissed the application filed under Sec. 91 Crimial P.C. filed by the petitioner.

(2.) As per the facts of the case in criminal case arising out from FIR no.212/2013 for the offence under Sec. 498A and 304B Penal Code during trial accused-petitioner moved an application under Sec. 91 of Crimial P.C. in which it was prayed that call details of mobile of the deceased Sneha from Jan., 2013 to June, 2013 may be summoned, but the learned trial court after hearing the arguments, dismissed the application.

(3.) The learned counsel for the petitioner vehemently argued that in the application filed under Sec. 91 a specific averment was made that as per the call details of the mobile no.9461380731 of deceased Sneha she talked with one Dinesh Choudhary on his cell no.7665451500 in between Jan., 2013 to June, 2013, therefore, there is some suspicion and doubt for the talks took place between them, therefore, in the interest of justice and in order to reach with the truth the call details are necessary and those call details could not be produced at his level because the record is available in the BSNL office, therefore, the call details of mobile number of Sneha from Jan., 2013 to June, 2013 may be summoned from BSNL.