RATTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner-complainant has preferred this Criminal Miscellaneous Petition under Sec. 482 CrPC, seeking following prayer therein:

(2.) Heard learned senior counsel for petitioner, learned Public Prosecutor and perused the record placed before this Court.

(3.) Learned senior counsel contended that on an application dtd. 28/1/2020 filed by and on behalf of accused-respondents No.2 to 5 herein (Annx. 2), moved at the stage of "before framing 'charges" in the present criminal case, the trial Judge, vide impugned order dtd. 27/2/2020, has issued directions to the SHO, Police Station - Tapukda, District - Alwar to produce following information before the Court (i) The tower location of Mobile No. 9982671312 on the date of incident i.e. 20/8/2019, belonging to the petitioner-complainant and (ii) CCTV footage on the date of incident i.e. 20/8/2019 from the ATM of SBI situated opposite to Police Line, Alwar relating to the presence of accused-Sakir Ali. Learned senior counsel contended that both information were sought to produce by the accused persons for the purpose of their defence evidence, however, application was moved by accused persons, at the stage of "before framing charges" and should not have been entertained by the trial Court. He submits that by procuring both information, accused persons want to prove that on the date of incident of murder on 20/8/2019, petitioner-complainant-Ratti, who lodged the FIR, was not present on spot at Tapukda, hence his mobile tower location from Vodafone company was prayed to be produced and further in order to take a plea of alibi, for accused-Sakir Ali that he was not present on that date at the spot rather he was present in the ATM of SBI, therefore, the CCTV footage of SBI ATM has been sought to be produced.