Chhotu Ram Bhat vs State
2021 Latest Caselaw 8698 Raj

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

(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

(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/-

Powered by TCPDF (www.tcpdf.org)