Telangana High Court
Kashi Sridhar vs The State Of Telangana on 12 March, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.15320 OF 2024
O R D E R:
This Criminal Petition is filed under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS')
by petitioner/accused No.1 to quash the proceedings
against him in S.C.No.292 of 2022 on the file of the
Principal District and Sessions Court, Siddipet.
2. Heard Ms. Padmaja Gadiraju, learned counsel
representing Mr. K.Raghavacharyulu, learned counsel for
the petitioner, and Mr. Surepalli Prashanth, learned
Assistant Public Prosecutor for the respondent - State.
Perused the material on record.
3. Crl.M.P.No.63 of 2023 is filed in Crime No.130 of
2022 under Section 91 of Cr.P.C, seeking the following
prayer:
"Therefore prayed that this Hon'ble Court to
direct respondent No.1 to provide call data
records along with tower location, latitude and
longitude details of service provider JIO of the
deceased Mobile No.7671089102 from marriage
to death and pass such other orders as this
Hon'ble Court deems fit and proper in the
JAK, J
CRLP_15320_2024
circumstances of the case and in the interest of
justice."
4. On 20.03.2023, by Dis.No.570 of 2023, Principal
District and Sessions Judge, Siddipet, issued the following
proceedings:
"Adverting to the subject cited,
petitioner/A1 namely Kashi Sridhar S/o Srinivas
Rao, R/o Secunderabad filed a petition to call for
the Data of the Mobile bearing No.7671089102
pertaining the deceased Thummari Susmitha in
S.C.No.292 of 2022 in Crl.M.P.No.63 of 2022 of
PS Siddipet I town for the period from 27.11.2021
to April, 2022.
Therefore you are hereby directed to submit
the call data along with Tower Location, Latitude
and Longitude details of service provider JIO of
the Mobile bearing No.7671089102 pertaining to
the deceased Thummari Susmitha in S.C.No.292
of 2022 in Crl.M.P.No.63 of 2022 of PS Siddipet I
town for the period from 27.11.2021 to April,
2022 on or before 21.04.2023."
5. An application was filed in the Court of Principal
District and Sessions Judge, Siddipet, on 12.06.2023,
seeking certified copy of JIO Call Data vide CA
No.1912/2023. The data was called from JIO Mobile
Company vide proceedings dated 20.03.2023 in Dis.No.570
of 2023. On 19.06.2023, the said application was returned
with an endorsement.
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CRLP_15320_2024
6. For a fair trial, petitioner/accused No.1 is entitled to
receive the copies of unmarked documents by way of an
application (i.e., application for certified copy under Rule
128 of Civil Rules of Practice). Copy application is filed on
12.06.2023 seeking certified copy of JIO Call Data called
from JIO Mobile Company and the same was returned on
19.06.2023 with an endorsement ""the said documents are
unmarked documents, hence, copy application liable to be
return." Criminal Petition is filed on 11.12.2024, there is a
delay of approximately 500 days in preferring the present
petition. But, no proper explanation is offered.
7. Learned counsel for petitioner relied on the judgment
of the Hon'ble Apex Court in V.K. Sasikala v. State
represented by Superintendent of Police 1 and
contended that the petitioner/accused No.1 is entitled for
the documents. Denial of access to documents, which are
in the custody of Court, may cause prejudice to accused
and thus result in denial of fair trial.
(2012) 9 SCC 771
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CRLP_15320_2024
8. Be that as it may, on considering the entire factual
matrix of the case and the law laid down in V.K. Sasikala
(supra) and in the interest of justice and to ensure a fair
trial, this Court is inclined to condone the delay by
imposing costs of Rs.10,000/- on petitioner/accused No.1.
Petitioner/accused No.1 shall present an application under
Rule 128 of Civil Rules of Practice for receiving certified
copies of unmarked documents in the Court of Principal
District and Sessions Judge at Siddipet. The said
application shall be received and proceeded only after the
payment of an amount of Rs.5,000/- by petitioner herein to
the complainant by way of Demand Draft or Bankers
Cheque and the balance amount of Rs.5,000/- to District
Legal Services Authority, Siddipet, and obtain receipts. It is
only after the said receipts are annexed along with the copy
application for certified copies, such application shall be
proceeded with and the certified copies of unmarked
documents, as sought for, shall be provided. The said
amount shall be paid by petitioner/accused No.1 within a
period of two (02) weeks from the date of receipt of a copy
of this order.
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CRLP_15320_2024
9. With the above observations, this Criminal Petition is
disposed of.
Miscellaneous applications pending, if any, shall
stand closed.
____________________________
ANIL KUMAR JUKANTI, J
Date: 12.03.2025
Note: Issue C.C. by 15.03.2025.
(B/o)
plp
