NARENDRA KUMAR SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing of this petition, a challenge has been made to the impugned order dtd. 1/6/2024 passed by the Special Judge, Prevention of Corruption Act, Kota wherby she had partly rejected the application filed by the petitioner under Sec. 91 Cr.P.C. for summoning the tower locations of the witnesses of the trap proceedings.

(2.) Learned counsel for the petitioner submits that the petitioner has been falsely booked in an anti-corruption case. Counsel submits that in fact no trap proceedings were conducted on 10/3/2023 and presence of the two witnesses, namely, Sonu Meena and Jitender Meena has been incorrectly mentioned/ incorporated in the trap proceedings. Counsel submits that these witnesses were not present and at the time of alleged proceedings even then, their presence has been shown at the place of alleged occurrence. Counsel submits that as per the footage of the CCTV camera, only three persons, namely, the petitioner, brother of the complainant and one unknown person were present while neither the trap party nor these two above witnesses were present. Counsel submits that in order to verify the aforesaid fact, an application was submitted under Sec. 91 Cr.P.C. with the prayer for preserving the location of the mobile numbers of these witnesses including the mobile number of the complainant and Investigation Officer along-with other members of the trap party.

(3.) Counsel submits that the said application submitted by the petitioner was partly allowed by the Court below and mobile locations of the complainant as well as the Investigating Officer were ordered to be preserved, but the prayer with regard to preserving mobile locations of the above two witnesses, namely, Sonu Meena and Jitender Meena and other members of the trap party has been declined. Counsel submits that the Court below has committed an error in not accepting the prayer made by the petitioner with regard to preservation of the mobile locations of these two witnesses, namely, Sonu Meena and Jitender Meena.