Singled Justice Gopinath P. dismissed a criminal miscellaneous petition challenging an order under Cr.P.C. Section 91. The High Court held the petitioner was not prejudiced as records were directed to be preserved for later production at trial.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
CRL.MC NO. 4159 OF 2023
AGAINST THE ORDER DATED 31/01/2023 IN CRL.M.P.NO.34/2023 IN SC
NO.406/2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
(VIOLENCE AGAINST WOMEN & CHILDREN), ERNAKULAM
PETITIONER/ACCUSED :
VIPIN K.V.
AGED 37 YEARS
FLAT NO.B, VELVET, SILPI GARDENS, HILL PALACE, KOYMATHA
SEMINARY ROAD, THIRUVAMKULAM, ERNAKULAM, PIN - 682305
BY ADVS.
MANU TOM
BALAMURALI K.P.
SHAJI T.M.
RENIL IQUBAL K.
HARIPRIYA.M
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI. NOUSHAD K A (SR PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No.4159 of 2023
2
O R D E R
This Crl.M.C. has been filed challenging Annexure-3 order in Crl.M.P.No.34 of 2023 in S.C.No.406 of 2022 on the file of the Additional District and Sessions Judge, Ernakulam.
is the accused in S.C.No.406 of 2022 alleging commission of offences under Sections 376(2)(n), 323 and 506 of the Indian Penal Code. The petitioner had filed Annexure-1 petition under Section 91 of Cr.P.C. praying for the following relief;
“Therefore, it is most humbly prayed that this Hon’ble Court may be pleased to direct the Sate Nodal Officer, Reliance Jio Info comm. Ltd. (Respondent No.2) to produce the CDRs of the following mobile phone numbers of the Petitioner/Accused( 9947045600 & 9995845232 – Jio ) and the alleged Victim (CW-1) ( 9xxxxxxxxx-Jio ) for the period 15/01/2021 to 11/06/2021 duly certified under Sec.65(B) of the Indian Evidence Act before this Hon’ble Court in the above caseS.C.No.406/2022 at the earliest, in the interest of justice.”
application, the petitioner approached this Court by filing Crl.M.C.No.372 of 2023 which was disposed of by Annexure-2
Crl.MC No.4159 of 2023
3
order directing that the said application shall be considered within a period of two weeks and on finding that it may be necessary for the petitioner to rely on Call Details Records for the purposes of mounting his defence. Annexure-3 order was passed in compliance with the directions contained in Annexure-2 order of this Court. Reading of Annexure-3 order will indicate that the Court has directed the service provider to maintain the Call Details Records in respect of the telephone numbers mentioned in Annexure-1 petition and has also directed that the service provider shall produce those records, as and when called for by the Court. The petitioner is only aggrieved by the fact that the Court has not summoned the records presently.
Crl.MC No.4159 of 2023
4
not at all prejudiced by Annexure-3 order to the extend it does not immediately summon the records, as prayed for by the petitioner. It is also submitted that the petition is premature as the charges are yet to be framed and since no hearing on charge has been held and no charges have been framed against the petitioner.
Crl.MC No.4159 of 2023
5
apprehend that the Court will not issue summons for production of those documents at the appropriate stage.
The Crl.M.C. is dismissed with the above
observations.
Sd/-
GOPINATH P., JUDGE
rkj
Crl.MC No.4159 of 2023
6
APPENDIX OF CRL.MC 4159/2023
PETITIONER ANNEXURES
Annexure1THE TRUE COPY OF THE PETITION FILED ON
11/01/2023 UNDER SEC.91 CR.P.C. BEFORE
THE COURT BELOW.
Annexure2THE TRUE COPY OF THE ORDER IN CRL.M.C.
NO.372/2023 DATED 16/01/2023 OF THIS
HON'BLE COURT.
Annexure3THE CERTIFIED COPY OF THE ORDER IN
CRL.M.P. NO.34/2023 IN S.C.NO.406/2022 OF
COURT OF THE SPECIAL JUDGE FOR TRIAL OF
THE CASES AGAINST WOMEN AND CHILDREN,
ERNAKULAM.
1 issue framed by the court
Whether the petitioner is aggrieved by an order directing a service provider to preserve call details records but not immediately summon them.
2 provisions across 2 enactments
VIPIN K.V.
STATE OF KERALA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court