IN THE HON'BLE COURT OF ADDLL. SESSIONS JUDGE, CHARKHI DADRI.
State Vs. Sandeep etc.
FIR No. 275 dated 09.11.2020 U/S
420/467/471/465/477A/ 409/120B. OF
IPC & 13(A) OF Prevention of
Corruption Act. P.S. Dadri City District:
Charkhi Dadri.
Application on behalf of Sandeep u/s 91 of
CrPC to direct preserve prsummon Nodal
officers of relative telecom company and
preserve the CDR location of DSP Ram Singh
(7419301130, Vodafone), EHC Jitender
no.718/DDR (8901166229 Airtel ), C. Dinesh
No 419/DDR (9992087840 then Idea now Jio)
for proper adjudication of the case.
RESPECTFULLY SHOWETH:-
1. That the case of the Applicant is pending before this Ld. Court for dated
11.01.2022.
2. That on the basis of a forged and fraudulent COVID 19 report prepared and
submitted by the Respondent, the Ld. Court of JMIC Mukesh Kumar vide its
order dated 11.11.2020 at 6:10 PM incarcerated the Applicant in the District Jail,
Jhajjar.The copy of RTI received at office of Superintendent of Jail, Jhajjar is
annexed herewith as Annexure P-1.
3. That it is pertinent to submit before this Ld. Court that, an RTI was filed by the
Applicant, in which it was revealed that the negative COVID-19 report of the
Applicant was received from Rohtak at 6:30 PM on 11.11.2020 i.e. after the
Applicant was incarcerated. Thereafter, the Applicant’s Covid 19 report was
received in Civil Hospital Charkhi Dadri, Haryana on 11.11.2020 at 10:02 PM.
The information received through RTI is attached herewith as Annexure P-2 and
Annexure P-3.
4. That it is aptly clear that, the negative Covid-19 report submitted by the
Respondents, considering which the Applicant was incarcerated was forged and
fraudulently prepared by Respondent in order to illegally detain the Applicant
and involve him in a malicious prosecution.
5. That for the proper and necessary adjudication of the case, it is material,
essential and imperative that the CDR location of the following persons must be
summoned by this Ld. Court:-
S.No Names Phone Number Dates of preserving the CDR
. location
1. DSP Ram Singh 7419301130 08.11.2020 till 29.01.2021
(Vodafone)
2. EHC Jitender No.718/DDR (Driver) 8901166229( Airtel 08.11.2020 till 29.01.2021
)
3. C. Dinesh No 419/DDR 9992087840 08.11.2020 till 29.01.2021
(Then Idea Now
Jio)
6. That it is pertinent to mention here before this Ld. Court that for the just, fair and
equitable adjudication of the case, the CDR locations summoned by this Ld.
Court may be preserved by this Ld. Court and may be used for corroboration in
future proceedings.
7. That as the statutory rules and regulations of Telecommunication Authority of
India, the call data records can only be preserved for 12 months and the
preservation of call data will give the complete details and location of the
persons of identity of which the aforesaid mobile numbers have been issued.
8. That it is humbly submitted before this Ld. Court that under Section 91 of CrPC,
the Applicant is entitled to summon documents in establishing the case. Further
the CDR locations as prayed for in the present application is necessary and
desirable in order to bring the truth at the surface as the call data records are
material piece of electronic evidence for deciding the matter in issue in a just and
fair and equitable manner as the Respondent had already prepared a forged and
fake document against the Applicant.
9. That the accepted principle of criminal jurisprudence of this Country says that
the prosecution should be fair enough and has no privilege to put a curtain on
any oral or documentary evidence. The privilege given under Section 91 of the
CrPC can be used by the accused /Applicant in order to evade any prejudice
which might be caused to the accused /Applicant.
It is therefore most respectfully prayed that in order to avoid the miscarriage
of justice, the present application may kindly be allowed and the CDR location of
DSP Ram Singh (7419301130), EHC Jitender no.718/DDR (8901166229), C.
Dinesh No 419/ DDR (9992087840), may be summoned and preserved from
08.11.2020 till 29.01.2021 may be summoned and preserved for date 11.11.2020
for proper adjudication of the case.
DATE
PLACE APPLICANT
IN THE HON'BLE COURT OF ADDLL. SESSIONS JUDGE, CHARKHI DADRI.
State Vs. Sandeep etc.
FIR No. 275 dated 09.11.2020 U/S
420/467/471/465/477A/ 409/120B. OF
IPC & 13(A) OF Prevention of
Corruption Act. P.S. Dadri City District:
Charkhi Dadri.
Affidavit of Sandeep S/O Ram Singh R/O Mathuri Ghathi, Charkhi Dadri, Haryana.
I, do hereby solemnly affirm and declare as under:
1. That the deponent is filing the accompanied application before this Hon'ble
Court and is sanguine about its success.
2. That the contents of the accompanied application may kindly be read as an
integral part of this affidavit and the same are not repeated for the sake of brevity.
3. That the contents of the accompanied application are true and correct and
nothing has been concealed therein.
4. That the deponent has not filed any such or similar application before any
court of law
Place:
Dated: Deponent
VERIFICATION:
I, the above named deponent further affirm and declare that the above
affidavit is true and correct to the best of my knowledge and belief and nothing has
been concealed therein.
Place:
Dated: Deponent
