The High Court of Delhi disposed of a Section 482 Cr. PC. petition where the petitioner sought to set aside an order declining preservation of CDR data. The Court noted the data was already kept in safe custody by the trial court and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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RISHI DEV DAHIYA .....Petitioner
Through: Mr. Pramod Kr. Dubey, Sr. Advocate with Mr. Ajay Kumar Pipaniya, Mr. Gopesh Jindal, Ms. Amrita Vatsa, Ms. Mamta Sharma, Mr. Manish Kaushik, Mr. Harjas Pratap Singh, Ms. Nikita Garg, Mr. Ayush Sachan, Mr. Prince Kumar, Ms. Muskan Sharma, Mr. Kshemendra Bhardwaj, Advocates.
versus
THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP for the State. SI Surendra Singh (D-6749), PS S.B. Dairy, Delhi.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 08.08.2024
“1. The present application has been filed under Section 482 Cr. PC. read with Section 91 Cr. PC seeking setting aside the impugned order dated 11.03.2022 whereby learned Session Judge has declined the request of the petitioner to preserve the
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:31:24
CDR alongwith Tower Locations(s) of mobile Numbers 9050119828, 9953184030, 9821266725 and 9728585002 dated 27.08.2021 and 26.08.2021.
2. Learned counsel for the petitioner submits that as per rules, the service provider preserve the data only two years and thereafter it is deleted automatically.
3. Keeping the question open, let the call record (CDR) alongwith Tower Locations(s) of mobile Numbers 9050119828, 9953184030, 9821266725 and 9728585002 dated 26.08.2021 and 27.08.2021 be preserved by the IO and be kept in safe custody.
4. However, it is made clear that the data is not to be shared with the petitioners.
5. Let both the parties file the brief written submissions not exceeding three pages alongwith the judgment they wish to rely upon with an advance copy to the opposite party.
6. List on 13.03.2024.”
SUBRAMONIUM PRASAD, J
AUGUST 8, 2024 hsk
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:31:24
1 issue framed by the court
Whether the Petitioner's application to set aside the Additional Sessions Judge's order declining the request to preserve CDR data under Section 482 Cr. PC., read with Section 91 Cr. PC., should be al
1 provisions across 1 enactments
RISHI DEV DAHIYA
THE STATE (GOVT. OF NCT OF NCT g. OF DEL)
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
