Bharat Bhushan (advocate) 18 April 2010

denaying of call list

A lady recieved various incoming calls on her mobile from a person who insists her to make relation with him otherwise she will be subjected to rape or throwing acid on her face

When she thretened of dire consequence he made the call from another no and persistently made the call for a week. H'ever she lodged an FIR but police did't bothered to take the cognigence of the matter.

She approached to her mobile service provider to furnish a incoming call detail but they outrightedly refused to give the detail. She wants to file a complaint to CJM along with the call detail list

Can the service provider denied so?

Will this move to go CJM will be right decision.

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1 Replies

Daksh (Student) 19 April 2010

Dear Mr.Bharat Bhushan,

If in case the police does not take cognizance of the case you have an alternate remedy of going to the court in Section 156 (3) Cr.P.C. wherein the Court will give direction to police to investigate in the matter.

More so depending upon the various State Government rules Supritendent of Police is the appropriate authority capable and authorized to order the telephone tapping and giving direction to the mobile or land line telephone operator to furnish the call details etc.

Last but not least keeping in view the facts and circumstances and gravity of the situation you have a remedy of going before the Writ Court under Articles 226- 227 Constitution of India seeking appropriate direction qua the State and sovereign function as such.

Best Regards

Daksh