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Sri (Novice)     18 May 2011

CrPC 91 to get Call Data Record (Draft)- Please Review

Please suggest few lines to the below draft to get ‘Call Data Record (CDR) with Cell tower information’ of the respondent (present applicant)





AT ………...


Crl.Misc.No. XX/XXXX


Smt. XXXXX                                                      . . . . . Petitioner




XXXX                                                                  . . . . . Respondent




The respondent above named most respectfully submits as hereunder:


1.      The petitioner has lied on oath before this Hon’ble court that she was harassed by the respondent after the marriage at his native place whereas the respondent was not there. The respondent also further submits that he went to Pune after the marriage and attending his duties since XX-XX-XXXX.  


2.      The respondent further submits that his mobile call data records with cell tower info for XX-XX-XXXX to XX-XX-XXXX will expose her false claims as she intentionally making false statements.


3.  It is further submitted that as the petitioner has made false claims in her affidavit and if not proven wrong could put the respondent in a disadvantage position in this case.




WHEREFORE, the respondent in the above matter most respectfully prays that this Hon’ble court be pleased to direct XXX MOBILE SERVICE PROVIDER to provide CDR with Cell tower Information in the interest of Justice. 


Place:                                                                                                     Advocate for respondent




 7 Replies

Sri (Novice)     19 May 2011

Is it possible to get 2 year old CDR data from a pvt mobile company?

Aashish Satpute. (student)     05 July 2011


Tajobsindia (Senior Partner )     05 July 2011

1. No
As per re.: GOI, Min. of Communication regulation No. 10-21/2004-BS-II/TTSL/Delhi dated 14-11-2003 clause 41.17 states

"The licensee shall maintain all commercial records with regard to the communications exchanged on the network. Such rcords shall be archieved for atleast one year for scrutiny by the Licesor for security reasons and may destroyed thereafter unless directoed otherwise by the locesor."

Tajobsindia (Senior Partner )     05 July 2011

ops sorry for so many spell mistakes !

Saurabh..V (Law Consultant)     05 July 2011

If the data is erased by the telecom companies after one year, how is then these details are fetched in terrorism cases??




Tajobsindia (Senior Partner )     05 July 2011

@ Saurabh

The above Govt. guidelines has used the word "may" Kindly read the verbatium copied guidelines in my previous reply ! The guidleine sis 70 pages thick which was not possible for me to type from true hard copy though. You are from Delhi go and get it as part no. is already mentioned in my above message !

2. We have in our practice manged to get datas upto 16 monhts old (i..e in matrimonial litigation cases though) after that we were stone walled / shown above guidelines hence we managed with 16 monhts old datas which itself established our case which is besides the point.

3. There are few nos. which are frozen from the word 'activation of IMEI" at random by service providers curtsey Crime Branch is our view thus during national security needs Agency are able to retrieve is possibilities but since it is national security interest question the actual reasons cannot be disclosed in public forums is end of all anti-thesis hope that makes sense :-)

Saurabh..V (Law Consultant)     05 July 2011



Actually I'm also looking for retrieving similar details and they are as old as year 2008 for Tata Indicom and Airtel.


Any idea if this is possible? Its required in a defence case to fetch these details. The complainant claims she was taken from her home to another place by the accused. Now neither the complainant has any proof in this regard neither does the accused has anything in this regard. But accused wish to show that her statements are false.


The issue is that complainant is a girl and I feel in court cases girl's testimony is given more weightage.. But in case she herself cannot corroborate her claim then how to discard this?




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