Accused's Right To Fair Trial To Seek Call Detail Record U/S 91 CrPC In Trap Case Prevails Over Police's Right To Privacy: Rajasthan HC
2 months ago

Accused's Right To Fair Trial To Seek Call Detail Record U/S 91 CrPC In Trap Case Prevails Over Police's Right To Privacy: Rajasthan HC

Live Law  

In case concerning trap proceedings, the Jaipur bench of the Rajasthan High Court has reiterated that the right of an accused to a free and fair probe/trial under Article 21 in seeking call/tower location details under Section 91 CrPC would prevail over the right to privacy of the police officials. The court added that this right of privacy can be breached to some extent for production of call details, to discover the truth and to ensure fairness towards all stakeholders. Anoop Kumar Dhand said this in a plea challenging an order by the Special Judge, Prevention of Corruption Act, which had rejected the petitioner's application under Section 91, CrPC, seeking preservation of the location of the mobile numbers of certain witnesses including the mobile number of the complainant and Investigation Officer along-with other members of the trap party. "No doubt while passing the appropriate direction for preserving and production of call details/tower location details under Section 91 Cr.P.C.

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History of this topic

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
2 weeks, 2 days ago

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

Live Law  

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable. It argued that the Trial Court's order prejudiced the …

S. 91 CRPC | Accused Cannot Be Directed To Secure Documents Related To Case From Authorities Using RTI Act: Karnataka HC
1 month ago

S. 91 CRPC | Accused Cannot Be Directed To Secure Documents Related To Case From Authorities Using RTI Act: Karnataka HC

Live Law  

The Karnataka High Court has said that an accused should not be driven for securing documents related to his case under the Right to Information Act, when an application is filed under Section 91 of the Criminal Procedure Code. A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by the pontiff of Murugha Mutt of Chitradurga, …

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates
1 month, 3 weeks ago

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn. The court was hearing a petition challenging the order of Additional Chief Judicial Magistrate …

Preserving Mobile Tower Location Of Police Officer Does Not Cause Danger To Security Or Violation Of Privacy: Punjab & Haryana High Court
7 months ago

Preserving Mobile Tower Location Of Police Officer Does Not Cause Danger To Security Or Violation Of Privacy: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that there is no violation of the right to privacy in preserving the tower location of a police officer who allegedly falsely implicated an accused in a drugs case.Justice Sanjiv Berry said, "the petitioner has disputed the alleged time and place of alleged recovery and to establish that aspect in …

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence
1 year, 4 months ago

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence

Live Law  

The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer.Justice Rajbir Sehrawat added that just to give …

S.482 CrPC | Mere Production Of CDR To Show Absence Of Accused At Time Of Alleged Offence Cannot Lead To Closure Of Proceedings: Karnataka HC
2 years, 6 months ago

S.482 CrPC | Mere Production Of CDR To Show Absence Of Accused At Time Of Alleged Offence Cannot Lead To Closure Of Proceedings: Karnataka HC

Live Law  

The Karnataka High Court has observed that mere production of call record details by the accused to show that he was not present at the time of occurrence of alleged incident, would not lead to closure of criminal proceedings by exercising powers under Section 482 of CrPC. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed …

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