Dharmendra Singh vs State Of Rajasthan
2021 Latest Caselaw 13028 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Misc(Pet.) No. 4284/2021

Dharmendra Singh S/o Arjun Singh, Aged About 42 Years, R/o
Ward No. 16, Gajsinghpur, P.s. Gajsinghpur Dist. Sri Ganganagar.
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Shree Kant Verma
For Respondent(s)           :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

24/08/2021

     In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

     Learned counsel for the petitioner has referred to the

judgment rendered by this Hon'ble Court in Swarn Singh @

Baba Vs. State of Rajasthan (S.B. Criminal Misc. Petition

No.273/2020) decided on 18.02.2020. The relevant portion of

the aforesaid judgment reads as follows:


     "It is therefore ordered that the trial court shall, forthwith
     summon the call details of the mobile phones of all the
     three officers whose names are referred to in the impugned
     order from the service provider provided that such call
     details are still stored in the database. The accused shall
     be at liberty to use these call details at the appropriate
     stage of trial.
           All Courts in the State of Rajasthan are directed that
     whenever an application is moved to summon the call


                       (Downloaded on 25/08/2021 at 08:46:34 PM)
                                                                         (2 of 2)                   [CRLMP-4284/2021]

                                        details, during a criminal proceeding, the same shall not be
                                        deferred and will be decided forthwith so as to ensure that
                                        the prayer to summon the call details is not rendered
                                        infructuous by passage of time because the service
                                        providers have a protocol of deleting the records after one
                                        year whereafter, the same cannot be retrieved.
                                              The Misc. Petition is allowed in these terms."

                                        In view of the above, the present petition is disposed of

                                   while directing the learned trial court to decide the application of

                                   the petitioner within a period of 15 days from the date of receipt

                                   of certified copy of this order, strictly in accordance with law. Stay

                                   petition also stands disposed of.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

37-Zeeshan

Powered by TCPDF (www.tcpdf.org)