reena 15 October 2017

Related to comittal

If a case is based on call data recordings,when do the police submit this report to court while submitting final report or,before or after committal of the case . Can they submit this report after committal,if so why they submit late . If any manipulation done by corrupted police in this report ,is there any chance for victims to rise objection and to defend against it . need urgent advice.. Thank you for spending your valuable time to enlight us

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9 Replies

reena 15 October 2017

This is a crimnal case under 302

reena 15 October 2017

My concern is when do the police submit the calldata records to court,

Vijay Raj Mahajan (Advocate) 15 October 2017

All documents relied by the prosecution/police are supposed to be placed on the court case file with final charge sheet or report. The documents relied by the accused in his defense can be placed on court case file at the time of recording of statement u/s 313 Cr. P. C.

reena 15 October 2017

Sir,thank you for the response but the court clerk is saying they have not filed call data record ,or the police are in collusion with the staff hiding that report .police themselves told cars is based entirely on cdr. Is there any possibility to file CDR after committal of the case ,as it is going for comittal soon.

Vijay Raj Mahajan (Advocate) 15 October 2017

Yes there is possibility. The police can always state non-availabilty of complete call records at the time of filling charge sheet/report but they want to file at later stage as now as it is available with them., the court can in the interest of justice allow the delay in filling the call record if it is important piece of evidence for the case.

reena 15 October 2017

Sir, If any manipulation done in cdr by io in favour of accused ,do the victim has chance to defend at that stage

reena 15 October 2017

they have filed chargesheet after 1and half year ,when we started for writ petition in high court even though they have finished investigation 1year back itself . If the CDR details are not as they have explained us during their investigation,how we can defend

Vijay Raj Mahajan (Advocate) 15 October 2017

All documents are open for disproving, so is the call records. However if the call records procured from the telecommunication company, the original record will be summoned in the court to check the veracity of the copy of the call records placed in the court case file by the police/prosecution.