Rajasthan High Court - Jodhpur
Lakhveer Singh vs State Of Rajasthan on 18 January, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2857/2020
State, Through Pp
----Petitioner
Versus
1. Deepak Kumar S/o Shri Mahendra Singh Brahman, Aged
About 24 Years, Ward No. 12, Sanjay Chowk, Bhadra,
Dist. Hanumangarh (Raj.).
2. Latif Mohd. S/o Sh. Munshi Khan, Aged About 24 Years,
B/c Musalman, R/o Near The House Of Suresh Choudhary,
Ward No. 29, Bhadra, District Hanumangarh (Raj.).
3. Govind @ Gopesh Sharma S/o Bram Kumar, Aged About
28 Years, B/c Brahman, R/o Ward No. 6, Siwana, P.s.
Siwana, Dist. Bhiwani, Hariyana.
4. Deepak Arora S/o Sh. Som Prakash, Aged About 31
Years, B/c Brahman, R/o Ward No. 6, Siwana, P.s.
Siwana, Dist. Bhiwani, Hariyana.
5. Pawan Kumar S/o Sh. Bhagirath, Aged About 32 Years,
B/c Brahman, R/o Ward No. 7, U.i.t. Colony, Behind
Telephone Exchange, Near The House Of Prem Nayak,
Shyam Nagar-Ii, Purani Abadi, Sri Ganganagar, Police
Station Purani Abadi, Sri Ganganagar.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 6530/2019
1. Lakhveer Singh S/o Vajeer Singh Gill, Aged About 36
Years, By Caste Ramgadiya Sikh, R/o Vpo Sawantsar,
Tehsil Padampur, District Sriganganagar, At Present
Posted As S.h.o. Police Station Hanumangarh Town,
District Hanumangarh.
2. Naresh Kumar S/o Hansraj, Aged About 40 Years, By
Caste Bishnoi, R/o Sarekan, Police Station Tibbi, District
Hanumangarh, At Present Posted As Head Constable 129
Police Station Hanumangarh Town, District Hanumangarh.
3. Yogendra Kumar S/o Bajranglal, Aged About 29 Years,
Lutto, Police Station Bisau, District Jhunjhunu At Present
Posted As Constable 1295 Polcie Station, Hanumangarh
Town, District Hanumangarh.
(2 of 4) [CRLMP-2857/2020]
4. Naersh Kumar S/o Ran Singh, Aged About 26 Years, By
Caste Jat, R/o Paldi, Police Station Bhadra, District
Hanumangarh, At Present Posted As Constable 805 Polcie
Station, Hanumangarh Town, District Hanumangarh.
5. Sandeep Kumar S/o Satyapal, Aged About 33 Years, By
Caste Jat, R/o Ward No. 25, Sangriya District
Hanumangarh, At Present Posted As Constable 1037
Polcie Station, Hanumangarh Town, District
Hanumangarh.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Govind @ Gopal Sharma, By Caste Brahmin, R/o Ward
No. 21, Kutia Marg, Bhadra, Tehsil Bhadra, District
Hanumangarh (Raj).
----Respondents
For Petitioner/s : Mr. BS Sandhu (through VC) in SB
Criminal Misc. Petition No.6530/2019
For Petitioner : Mr. Mahipal Bishnoi, PP for State
/Respondent
For Respondent : Mr. N.K. Sharma (through VC) for
respondent No.2 in SB Criminal Misc.
Petition No.6530/2019
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
18/01/2022
These criminal misc. petitions have been filed by the State
(2857/2020) and the private petitioners (6530/2019) being
aggrieved with the order dated 15.11.2019 passed by the Special
Judge, NDPS cases, Hanumangarh (hereinafter to be referred as
'the trial court') in Session Case No.45/2019 (State of Rajasthan
vs. Deepak Kumar and Ors.), whereby the trial court while
allowing the application filed on behalf of respondent No.2 -
(3 of 4) [CRLMP-2857/2020]
Govind @ Gopesh Kumar Sharma (SB Criminal Misc. Petition
No.6530/2019) under Section 91 Cr.P.C has directed to produce
call details of the petitioners Lakhveer Singh S/o Vajeer Singh Gill,
the then SHO, Police Station Hanumangarh Town, District
Hanumangarh and other petitioners namely Naresh Kumar S/o
Hansraj, Yogendra Kumar S/o Bajranglal, Naresh Kumar S/o Ran
Singh and Sandeep Kumar S/o Satyapal before the court
concerned.
The State as well as the persons, whose call details have
been summoned by the trial court have approached this Court by
way of filing the instant criminal misc. petitions and this Court
vide order dated 13.12.2019 passed in SB Criminal Misc. Petition
No.6530/2019 has stayed the effect and operation of the order
dated 15.11.2019 passed by the trial court.
On 3.12.2021, this Court has directed the learned Public
Prosecutor to find out whether the call details mentioned in the
order dated 15.11.2019 passed by the trial court can be made
available or not.
In response to said order, the learned Public Prosecutor has
submitted a factual report dated 11.1.2022, wherein it is
mentioned that the police has written a letter to the telecom
company as to whether the call details mentioned in the order
dated 15.11.2019 can be made available at this stage or not. It is
also mentioned in the factual report that the telecom company has
informed the police that the call details mentioned in the order
dated 15.11.2019 can not be made available as the incident took
place on 12.04.2019 and as the system contains call details up to
one year only, therefore, after expiry of one year, the call details
are not available in the system.
(4 of 4) [CRLMP-2857/2020]
Keeping in view of the fact that the call details of the mobile
numbers mentioned in the order dated 15.11.2019 are related to
the incident dated 12.04.2019 and as the same cannot be made
available, no further order is required to be passed in these
criminals misc. petitions.
Hence, these criminal misc. petitions are dismissed.
Stay petitions are also dismissed.
(VIJAY BISHNOI),J
3-Arun/-
Powered by TCPDF (www.tcpdf.org)
