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Pappu (Victim)     24 October 2014

How to get call record and tower details

I am going through a false criminal case (498 and other stuff) . FIR more than a year old. CS yet to be filed. I am trying to collect evidence to prove myself innocent. One of them is to prove that I wasn't there in the area when the said crime was alleged. I reckon location of my cell phone could be one of such proofs. 

The cell company isn't entertaining and they say that they need a NOC from police before they can even comment. Police say that they can't do any thing. 

1.)  Is there a process wherein I can force the cell companies to share my tower location details with me via a court order ? What is the procedure ?

 

2.) Do these compaines store more than a year old data ? Does anybody have any experience dealing with them ?

 

Inputs would be really appreciated. 

 

~Pappu



Learning

 8 Replies

Isaac Gabriel (Advocate)     24 October 2014

 

 

File a complaint to the TRAI.

Pappu (Victim)     24 October 2014

Thank you Isaac. But TRAI complaint --> followup --> order  shall take ages.. I am afraid thos records would be dumped by then. Is there any procedure via court ?

Please advise.

Adv. Chandrasekhar (Advocate)     24 October 2014

First, in the criminal case, it is not your responsibility to prove and prosecution has to prove the charge.  In your case charge sheet has not been filed.  As a private individual, you cannot get that information.  If the information you are seeking is from MTNL/BSNL, you can take the assistantce of RTI.  But it does not appear that you are seeking information from them and you may be seeking it from private service providers and they won't come within the purview of RTI.  As the CS has not been filed, we presume that the case is at investigation stage before the I.O.  At this stage, magistrate cannot direct the I.O. how to investigate the matter.  After listing all the problems you have before you, I try to find out a solution.  Send a registered letter under Ack. due to the I.O. of the case, informing that you were not there in the alleged place of alleged crime and you were in so.... and so.....place and your mobile call record prove this fact and request him to collect the said information before investigation is completed.  Get a copy of this letter with you.  You must understand that I.O. is not bound to take instruction from you that how investigation has to be conducted nor this call record, if obtained, is the best piece of evidence to prove your innocence.  Any how, once this task is completed, then at the time of prosecution witnesses are presented your advocate shall give appropriate suggestive questions on the point and point blank question to the I.O. that what type of action did he take in respect of your letter.  If the prosecution would not bring such call records on the file, then after Section 313 statement, you can move appropriate application before the court seeking summoning of such call record data.  If the call record will be produced it serves your purpose.  If the Cell company says that it won't keep record for such long period, then also your purpose would be served. Got it?

1 Like

G.L.N. Prasad (Retired employee.)     24 October 2014

As per TRAI rules, a user subscriber is entitled for call data as a matter of right and he has the right to be informed by service provider.

There is no part of Police in obtaining individual data of one's own phone call details.

Issue a regd., local notice to service provider, wait for one month after receipt, then  file complaint in District COnsumer Forum for service deficiency, explain the urgency to President and pray for interim order, seeking compensation for deficiency of service and harassment..

If it is a Govt., company, seek information under life and liberty clause and you can get the same within 48 hours from them under RTI.

But remember, that the call details are made available only for three months and periodically deleted.

Though it is proper that burden of proof is on the other party, it is always better to equip ourself with all possible deenses to counter them.

I am afraid that retrieving one year old data may not be possible as per my knowledge.

You can only get court directions if the data is available and Court will give such directions immediately.

Pappu (Victim)     25 October 2014

Adv Chandrashekhar and GLN prasad. Thank you very much for your help. Really appreciate it. 

T. Kalaiselvan, Advocate (Advocate)     26 October 2014

In my opinion, you are not at all waiting for the trial to commence.  While in the course of cross examination of her evidence, she will herself admit to her false allegations when grilled by a prudent lawyer hence look for one accordingly and give instruction about the facts of the case, he will take care of the case and challenge it by tooth and nail.

Sarvesh Kumar Sharma Advocate (Advocacy)     26 October 2014

RTI is the option for you !

G.L.N. Prasad (Retired employee.)     26 October 2014

Through RTI, one can get information on record from Public Authorities alone and not from Private Service provider. As per TRAI Rules, even private service provider has to provide call data to subscriber on demand.   The point to be considered is storing of such data with that provider (Period)


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