Disposed

G Prasanna Chandran v. State of Kerala

Kerala HC11 Jan 2023Crl.MC/5569/2022

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a criminal miscellaneous petition filed by an accused challenging an order of the Special Court. The Court directed Bharti Sarthi, Vodafone Idea, and Bharat Sanchar Nigam to preserve call detail records for specific numbers between 01.01.2021 and 31.12.2021 based on affidavits filed.

What did the court decide?

Respondents 3 to 6 are directed to preserve the call detail records of specific mobile phone numbers for the period from 01.01.2021 to 31.12.2021.

G Prasanna Chandran Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 11^TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944 CRL.MC NO. 5569 OF 2022

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SC 548/2021 OF SPECIAL COURT FOR TRIAL OF OFFENCES RELATING TO ATROCITIES AGAINST WOMEN & CHILDREN INCLUDING POCSO CASES (ADDITIONAL SESSIONS COURT-I, ALAPPUZHA)

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PETITIONER/ACCUSED:

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XXXXXXXXXX

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BY ADVS. SAIBY JOSE KIDANGOOR BENNY ANTONY PAREL ANOOP SEBASTIAN PRAMITHA AUGUSTINE IRINE MATHEW ADITHYA KIRAN V.E ANJALI NAIR NAAIL FATHIMA ABDULLA A.

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 STATION HOUSE OFFICER MARARIKULAM POLICE STATION ALAPPUZHA, PIN - 688549

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*3 ADDL.R3 TO R6 IMPLEADED BHARAT SANCHAR NIGAM LIMITED REPRESENTED BY ITS CHIEF GENERAL MANAGER CTO BUILDING, OPP KERALA STATE SECRETARIAT, STATUE JUNCTION, THIRUVANANTHAPURAM, KERALA 695001

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CRL.MC NO. 5569 OF 2022

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4 VI (VODAFONE IDEA) REPRESENTED BY ITS REGIONAL OFFICER 4TH FLOOR, KTDFC BUILDING, TRANS TOWERS, NEAR KALABHAVAN THEATRE, VAZHUTHACAUD, THIRUVANANTHAPURAM 695014

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5 BHARATHI AIRTEL REPRESENTED BY REGIONAL OFFICER S L AVENUE SERVICE ROAD, NEAR NH BYPASS ROAD, KUNDANNOR JUNCTION, MARADU, KOCHI 682304

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6 RELIANCE JIO INFOCOMM LIMITED, REPRESENTED BY JIO NODAL OFFICER, PUKALAKKATTU KARIYATTU TOWER, NEAR YATHRI NIVAS, MAMANGALAM, PALARIVATTOM P.O., KOCHI 682025 (ADDL.R3 TO A6 IMPLEADED AS PER ORDER DATED 29.09.2022 IN CRL.M.A.NO.2/2022

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BY ADVS. MATHEWS K.PHILIP KALAPPURACKAL PHILIPOSE SATHISAN P. SANTHOSH MATHEW MATHEW ARUN THOMAS(K/844/2007) KARTHIKA MARIA(K/001293/2016) ANIL SEBASTIAN PULICKEL(K/000278/2018) VEENA RAVEENDRAN(K/838/2016) ABI BENNY AREECKAL(K/001482/2019) MATHEW NEVIN THOMAS(K/000936/2019) KURIAN ANTONY MATHEW(K/1812/2020) DONA AUGUSTINE(K/180/2016)

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OTHER PRESENT:

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C.N.PRABHAKARAN SR.P.P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 5569 OF 2022

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O R D E R

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This Crl.M.C has been filed challenging Annexure A3 order passed by the Special Court for Trial of Offences relating to Atrocities Against Women & Children including POCSO cases (Additional Sessions Court-I) Alappuzha (for short 'the court below').

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The petitioner is the accused in S.C.No.548/2021. The offences alleged are punishable under Sections 376(2)(e), 376C(d), 354A, 354B of IPC and Sections 3(b) read with 4, 5(e) read with 6, 7 read with 8 and 9(e) read with 10, 11(i) r/w 12 of the POCSO Act.

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This Court directed the petitioner to implead the service providers of the mobile numbers. Accordingly, they were impleaded as the additional respondent Nos. 3 to 6.

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I have heard the learned counsel for the petitioner, the learned counsel for the respondents 3 to 6 and the learned Public Prosecutor.

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As per the interim order of this Court dated 03.11.2022, direction was given to the respondents 3 to 6 to preserve the call detail records of the mobile phone of the petitioner stated in the petition, if

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CRL.MC NO. 5569 OF 2022

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those records are still available with them.

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Thereafter, the respondents 3, 4 and 5 have filed separate affidavits. The respondent No.5 has also filed an additional affidavit.

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In the affidavit filed by respondent No.3, it is stated that the call detail records of the mobile phone numbers 8547609830, 9447181752 and 9496302423 are available with them and they have already preserved it. In the affidavit filed by the respondent No.4, it is stated that they are not service providers of any of the numbers used by the petitioner. In the affidavit filed by respondent No.5, it is stated that the call detail records of the mobile phone numbers 9383428949, 9846415917, 9020720510, 9961938593, 9847114598 and 9633141259 are available with them and they have already preserved it. The 6^th respondent did not file any affidavit. However, the counsel for the 6^th respondent submitted that the call detail records of the mobile phone numbers 9020720510 and 9048801711 are available with them and they have already preserved it.

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In view of the affidavits filed by the respondents Nos.3 to 5 and the submission made by the counsel for the 6^th respondent, the respondents 3 to 6 are directed to preserve the call detail records in

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CRL.MC NO. 5569 OF 2022

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respect of the mobile phone numbers mentioned above for the period

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from 01.01.2021 to 31.12.2021.

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This Crl.M.C is disposed of as above.

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Sd/- DR.KAUSER EDAPPAGATH, JUDGE

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CRL.MC NO. 5569 OF 2022

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APPENDIX OF CRL.MC No.5569/2022

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PETITIONERS' ANNEXURES:

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ANNEXURE1 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET DATED 23.06.2021 IN CRIME NO.478 OF 2021 OF MARARIKULAM POLICE STATION. ANNEXURE2 CERTIFIED COPY OF THE CRL.M.P.NO.479/2022 IN SC.NO.548/2021 FILED U/S.91 OF CR.P.C DATED 16.02.2022. ANNEXURE3 TRUE COPY OF THE ORDER DATED 11.07.2022 IN CR.M.P.NO.479/2022 IN SC NO.548/2021 OF THE SPECIAL COURT FOR TRIAL OF OFFENCES RELATING TO ATROCITIES AGAINST WOMEN AND CHILDREN INCLUDING POCSO CASES (ADDITIONAL SESSIONS COURT-I) ALAPPUZHA

G Prasanna Chandran v. State of Kerala

Case brief

What is this about?

What did the court decide?

G Prasanna Chandran v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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