HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 800/2021 Chhotu Ram Bhat S/o Shri Dhagla Ram, Aged About 35 Years, Bhato Ki Dhani, Manaklao, Police Station Karwar, District Jodhpur.
----Petitioner Versus State, Through P.p.
----Respondent For Petitioner(s) : Mr. Ramniwas Bishnoi For Respondent(s) : Mr. Mukhtiyar Khan, P.P HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 01/04/2021 Instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 20.01.2021 passed by the learned Special Judge, N.D.P.S. Cases, Jodhpur in Criminal Misc Case No. 361/2020 whereby, the learned trial court rejected the application filed by the petitioner under Section 91 Cr.P.C.
Counsel for the petitioner submits that the trial Court has grossly erred in rejecting the application filed by the petitioner as the petitioner is an accused and in order to bring actual facts before the Court, the mobile location and call details of the mobile numbers mentioned in the application are required to be summoned. It is argued that for the purpose of proving innocence of the petitioner, these call details are required to be brought on record. Thus, it is prayed that the impugned order dt. 20.01.2021 passed by the trial Court may kindly be quashed and a direction (Downloaded on 05/04/2021 at 08:34:05 PM) (2 of 3) [CRLMP-800/2021] may be issued to the trial Court to summon the call details and mobile location of the mobile numbers as prayed for by the petitioner. He placed reliance of judgments in the case of Manju Devi (Smt.) Vs. State of Rajasthan 2014 (3) Cr.L.R. (Raj.)1226, Jasveer Vs. State of Rajasthan 2015 (1) Cr.L.R.(Raj.) 526)and Sheru @ Surajnath 2014 (1) R.Cr.D.435 (Raj.), S.B. CriminalMisc. Petition No. 273/2020 (Swarn Singh @ Bab Vs. State) decided on 18.02.2020.
Per contra, learned Public Prosecutor opposed the prayer made by the petitioner, however, he does not dispute that the case of the petitioner is covered by the decision of co-ordinate Bench of this Court in S.B. Criminal Misc. Petition No. 273/2020 (Swarn Singh @ Bab Vs. State) decided on 18.02.2020.
Having heard and considered the submissions advanced by learned counsel for the parties and after going through the impugned order and so also keeping in view the ratio of this Court's judgments relied upon by the counsel for the petitioner in the matters of Manju Devi (Smt.) Vs. State of Rajasthan 2014 (3)Cr.L.R. (Raj.) 1226, Jasveer Vs. State of Rajasthan 2015 (1)Cr.L.R.(Raj.) 526) and Sheru @ Surajnath 2014 (1) R.Cr.D.435(Raj.), S.B. Criminal Misc. Petition No. 273/2020 (Swarn Singh @Bab Vs. State) decidedon 18.02.2020, I am of the opinion that providing call details & location of mobile number of witnesses/seizure officer Bharat Rawat and Chotu Ram is imperative for fair trial and providing a just opportunity of defence to the accused. Therefore, the trial court was not justified in rejecting the application by the impugned order. Accordingly, this misc. petition is partly allowed allowed. The impugned order dated 05.01.2021 is hereby quashed and set aside to the extent of (Downloaded on 05/04/2021 at 08:34:05 PM) (3 of 3) [CRLMP-800/2021] rejection of application qua the witnesses bharat Rawat and Chotu Ram. It is ordered that the trial court shall, forthwith summon the location and call details of mobile numbers of Bharat Rawat and Chotu Ram referred to in the application under Section 91 Cr.P.C.
(MANOJ KUMAR GARG),J 25-BJSH/-
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