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Harish Kumar (Owner)     14 March 2013

Application under section 91 crpc

Sir,

An application has moved under section 91 of CRPC requesting the court to ask subscibers to provide the records of call details, email details of accussed before the stage of 244. What is the possibility that court will give direction to subscribers since these are the personal details of accussed and it will be the violation of the constitutional rights. Please advise.

 

Regards

Harish



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 March 2013

Section 91 with the head note Process to Compel Production of Things of the Code of Criminal Procedure, 1973 states that:

(1) Whenever any Court or any officer in charge of a police station consider that the production of any document or other thing is necessary or desirable for the purpose of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring hm to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

Whereas section 93 When search warrant may be issued; in sub section (1) provides that:

Harish Kumar (Owner)     15 March 2013

Sir, Thanks for your reply. Please advise, asking a personal mobile call details, is not a violation of constitutional rights of accussed.

Regards

Harish


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