High Court of Punjab and HaryanaCRM-M/41795/2014disposed of

Geeta Rani v. State Of Punjab & ORS

2015-05-08Mr Justice Gurdev Singh2 pages

CRM-M-41795-2014 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-41795-2014 (O&M) Date of decision: 08.05.2015 Geeta Rani ..... Petitioner

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH PRESENT: Mr. Gagan Oberoi, Advocate for the petitioner. Mr. Gurveer Sidhu, AAG, Punjab.

Mr. Vishal Gupta, Advocate for respondents No. 4 and 6. Mr. Sanjiv Pabbi, Advocate for respondent No. 5. R.P. NAGRATH, J. (ORAL) Prayer in the instant petition filed under Section 482 Cr.P.C. is for issuance of directions to respondents No. 4 to 7 to preserve the call records and tower locations of the numbers as mentioned in tables 12.A and 12.B (in para 12) of the petition in case FIR No. 18 dated 01.02.2014 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Shimlapuri, District Ludhiana. When this matter was listed on 23.03.2015, it was directed that respondents No. 4 to 7 shall not delete the data in respect of call details of the numbers as mentioned in this petition. RISHU KATARIA 2015.05.11 15:25 I attest to the accuracy and authenticity of this document

CRM-M-41795-2014 (O&M) -2In deference to the above-stated order, separate responses have been filed by respondents No. 4 and 6. Respondent No. 6 has filed the response to the effect that there is no call detail available in respect of mobile numbers in question whereas respondent No. 4 has preserved the call data in respect of those mobile numbers for which the learned petitioner's counsel submits that this data would be required to be produced in defence in the trial against Gurpreet Singh @ Gopi and Major Singh @ Meji in FIR No. 18 dated 01.02.2014. Learned counsel for the petitioner further submits that the petitioner would withdraw the civil suit with regard to the same cause of action. It is further contended that the instant petition may be disposed of in view of the aforesaid circumstances.

In view of the above, I am of the considered opinion that no further indulgence of this Court is required at this stage. Disposed of.

It is, however, directed that respondent No. 4-Idea Cellular Services, shall preserve the call details and would be able to destroy the same after the decision of trial against Gurpreet Singh @ Gopi and Major Singh @ Meji in FIR No. 18 dated 01.02.2014 aforesaid or with the permission of trial Court.

May 08, 2015 ( R.P. NAGRATH ) rishu JUDGE RISHU KATARIA 2015.05.11 15:25 I attest to the accuracy and authenticity of this document