Sushil Agrawal v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.109 of 2018 Sushil Agrawal, S/o Vishnu Prasad Agrawal, aged about 41 years, R/o 27 State Bank Colony Mahoba Bazar, Police Station Amanaka, Raipur, District Raipur, Chhattisgarh ---- Applicant versus The State of Chhattisgarh through the Station House Officer, Police Station Tikrapara, Raipur, Tahsil and District Raipur, Chhattisgarh --- Respondent For Applicant :

Shri S.C. Verma, Advocate For State/Respondent :

Shri U.K.S. Chandel, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Order on Board 24.1.2018 1.

With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

2.

This revision has been preferred against the order dated 10.1.2018 passed by the 1st Additional Sessions Judge, Raipur in Sessions Trial No.341 of 2013 rejecting the application under Section 91 of the Code of Criminal Procedure preferred by the Applicant/accused.

3.

Sessions Trial No.341 of 2013 is pending with the 1st Additional Sessions Judge, Raipur against present Applicant Sushil Agrawal and other co-accused under Sections 294, 341, 307 read with Section 34 of the Indian Penal Code and Sections 25 and 27 of the Arms Act.

4.

It is submitted by Learned Counsel appearing for the Applicant that call details of two mobile numbers 94255-32000 and 93299-65111 are very necessary and crucial to establish the innocence of the present Applicant and other co-accused also. It is further argued

that the said call details have already been submitted along with the charge-sheet, but a copy thereof has not been supplied to the present Applicant. The Trial Court has rejected the said application filed under Section 91 of the Code of Criminal Procedure in a very casual manner.

5.

Learned Counsel appearing for the State admits the fact that the call details of the aforesaid two mobiles numbers have been submitted along with the charge-sheet. He has not opposed the prayer made by Learned Counsel appearing for the Applicant. 6.

Since the call details of the aforesaid two mobile numbers have already been submitted along with the charge-sheet before the Trial Court, supplying a copy of the same to the Applicant would be in the interest of justice. Therefore, the Trial Court shall supply a copy of the call details of the aforesaid two mobile numbers to the Applicant within a period of 3 days from the date of receipt of a copy of this order.

7.

With the aforesaid direction, the revision is disposed of. 8.

A copy of this order be sent to the Trial Court forthwith for information and necessary compliance.

Sd/- (Arvind Singh Chandel) Judge Gopal