cpc

how to get mobile tower location using rti


How can I get mobile tower location from January 2012 to till date using RTI?

 
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Senior Partner

1. If wants info. based on certain cellphone no. then not permissible without specific Court Order.

2. If wants info. based on larger public interest then a locality / suburb or district area has to be specified to service provider via TRAI route and not directly and short background on larger public interest also needs to be mentioned in just 2 – 3 sentences.

In my opinion yours is a twisted query so second option will also not help you, am I right ! 

 


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Sir thanks for reply.

 I want to know my own cell phone location for around 2 years.

Is this possible?

 
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Senior Partner

Uff oh.......

Sir, kindly donot twist more and just state purpose so that without investing more bandwiddth straight answer (direction) could be given in reference to context.

Thus, could you kindly tell us what is the 'purpose in relation to what (court case) or just curiosity of a customer' you need legally such and such info. ?

 
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Thanks Sir,

In my 498a case my wife said that on x ,y date of 2011 and z date of 2012 I was in her citty.

But I was in my working city which is 28 hours journey form her city.

For that I need my mobile tower location using RTI or any other way.

 
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@Queriest,

 

Few Common points

 

1. If the matter is of number of towers in a particular place, you can ask Municipal corporation subjected to that particular area by using RTI. Also,the location of tower in terms of places of installed towers can be obtained.

 

2. You must know,that the location of tower in terms of your mobile means the current location of your network. A person theoretically and practically can make 1000 moves subject to the area of that place in even one hour;what to talk of 24 hours or more or days or years. So,It's impractical and almost impossible to store the data for each and every movement of every customer.

 

Reply of the Question in view of the above citation

 

No,you cannot prove your presence on a particular time for your said cause in this way.

 

Legal Points in this context

Even if such mechanism were available,It would be a very weak point to prove your presence on that particular date,as anyone can carry other's mobile,and no one asking identity card of the original mobile number holder while doing so.

Better seek admissible evidences.

 

Advices-

1. Do some search on your own and apply some common sense to get an amicable solution.

2.Think,the Objective of RTI. viz. Where I can apply RTI?/Is there any other way to get the information than RTI?Would be it wise to use RTI to get a certain information, and so on.

 

Hope you understand my words

Hear again from you(If need so arises)

Thanks

Regards,


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 I want to proof that my mobile was in working city and I also did call by using that mobile on x , y date of 2011 and z date of 2012. How can I get it? Please help?

 
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@Queriest,

 

You cannot use RTI for getting call history.

But you don't need to worry in my opinion. If you just say in your defence you were not in the city that day when allegation made against you.

Court may order an enquiry to establish the truth.

Regards,

 
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Senior Partner

I slightly differ to @ Sumitra Kr.'s reply which is basic. Today tech. recall via forensic is much more advanced if one is practicing criminal Laws. Nevertheless I appreciate application of mind as put in by Sh. Sumitra and give him two pointers on procedures used / applied in reel as well as real life in reference to question;

1. There was a Hindi film not that long ago where gangster of western UP were traced by cellphone tower tracing of their specific locations by SIT (police) force and later encountered one by one. Actually partial storyline of this ref. film was infact true life facts but never saw light of Human Rights violation trial route which is not material here. Now may I request Sh. Sumitra to jog his memory and tell the queriest the name of the movie I’m referring to for ideas on how to prove innocence in such grave usage of IPC by his wife ? 

2.Just 2 years back a Delhi Police Officer was acquitted in a rape case by producing cell tower mapping procedure using S. 91 CrPC application route and it was found that on such and such date of alleged rape as alleged by prosecutrix he was not even present in her location tower (i.e. in her home though he knew her being just friends which was not material !) and this was a Court in Delhi verdict so again let me request Sh. Sumitra to jog citation search and tell the queriest which particular "quash" case of D HC I am referring to as another supplimentary idea on how to prove innocence in such grave usage of IPC by his wife ?
.


I am confident a student of Law would love such impromptu challenges to gain experience and thus professionally service more and more clients as and when s/he becomes member of the Bar eventually hai ki nahi Sir ji !/?  

Above reel and real life innoncence provng technics being thrown in just as pointers to a partial reply to @ Devendra question, now allow me to straight away hit his query by advising him to use S. 91 CrPC Application which he needs to get allowed from concerned Magistrate Court being accused person in a IPC case and pray "summoning of his and his wife’s cellphone service provider with complete true copies of cellphone records to Court by mentioning below; 


Kindly provide me True Copy of complete incoming / outgoing call details of cell no. XXXXXXXXXX (your and her cell #s) mentioning the complete tower address and cell range of cell towers from 2011 till date. (or for such and such dates) Kindly provide me True Copy of residence address submitted by cellphone subscribers at the time of activation of cellphone of such and such cellphone nos’ along with True Copy of Subscripttttion Form with Photo ID filed to activate cellphone connection. Also provide me with True Copy of any other documents submitted if change of address till date by cellphone subscriber. “


Another complimentary ways to bring about justice (i.e. proving your innocence) from alleged charges of mental cruelties date wise as alleged by complainant (wife) in her Complaint / FIR / Statement and bze of which you sought bail (probably) is to send a simple RPAD Application to case IO mentioning; "Kindly investigate my and complainant cellphone records of such and such dates from such and such service provider as I was not in wife’s hometown on such and such dates as alleged by complainant (wife) in her Complaint / FIR / Statement based on which I was sent to judicial custody and was granted bail later on (or as the specific facts may be mention those in this Application to IO)."

Wait for a week for IO to take action on above application of yours. Then shoot an RTI to IO (via PIO annexing requisite IPO of like amount) for ATR (Action Taken Report) of your such and such RPAD Application sent to case IO and thsi time pray "for providing the reply under life and liberty clause (i.e. within 48 hrs. and this is accused persons fundamental right)". Now the moment you fire this specific RPAD RTI to case IO he is bound to state as reply whatever he want to state in connection with your above specific innocence RPAD application within 48 hrs. Now if case IO does not respond in next 48 Hrs. then file RPAD Application’s true copy as well as ATR RTI RPAD application’s true copy with concerned Magistrate Court with prayer that “these be taken on material records of the S. 498a case and benefit of doubt on such and such alleged allegations dates (wise) be given to accused person”.

There is a third simultaneous way to get the same details directly from service provider; that is to advise if you were arrested / sought bail in a case under  S. 498a IPC and have true copy of her S. 498a IPC complaint / FIR / Statement / Charge Sheet where specifically such and such dates are mentioned alleging cruelties done by you and you are confident that on same dates you were no where near her home town residence then write a RPAD Letter annexing her Complaint / FIR / Statement / Charge Sheet true copies to both service providers (cellphone) with request to “provide you on specific dates call details with tower address details in 48 hrs. as same are to be submitted with such and such Magistrate Court being such and such case no. being such and such parties names where malicious prosecution is being undertaken on a alleged accused person whcih is against Fundamental Rights and life and liberty of a Citizen of India”

After 48 hrs. if no response from both service providers then write another RPAD letter to the two service providers (wife’ and yours) giving reference of previous RPAD Letter posted to them and this time mention as prayer “kindly preserve such and such block of dates call details of both parties for such and such Magistrate Court case having such and such complaint number bearing such and such parties name to the criminal case for investigation by the Court”.

The moment you send this second RPAD to both parties service provider they are bound to preserve fearing contempt of Court later on as they also know the person who has tenacity to send them these RPAD must be using his other direct channel (via Court) resources by now and / or has sought legal guide and sooner than later they may receive Court direction to produce the same in a Court proceedings and if they donot preserve requested cellphone nos' call details then may be some contempt of Court may unnecessary they face later on.

Now annex these two letters which were sent to cellphone service providers of parties and file the same in concerned Magistrate Court as "additional materials" proving your innocence and casting doubtful aspirations on prosecution sides theories i.e. lack of IO’s / Service Provider as witness and malicious proceedings causing a innocent person unnecessary social stigma and loss of his reputation which are grave fundamental rights matters andno criminal Court takes such efforts lightly.

Above are some of the sure shot combination of activits ways whcih a layment husband should triy out which are within his resources even if both complaint wife / accused husband are living in same city or one party is living in another city and by mapping materials thus available via IO r/w cellphone service provider specific cross examination questions can be putup to parties involved in stated criminal case and doubt created in prosecution theory in great many ways in reference to query context (that on such and such date the accused was no where near complaint wife residence to cause such and such mental cruelties within the meaning of S. 498a IPC). If even one alleged complaint theory is given doubt the result is gr8 at the end is what is zist of this long reply

See where your resources and will to follow some or all the above via routes efforts takes your case to. This reply alos takes care of your several PM's which I could not reply earliest due to time constraint.

ATB.

[Last reply]
 


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@To whom it may concern,

 

Subject- Response of the last message,this thread received

 

1. Movie name was "Shehar".Lead role by "Arshad Warsi".

 

2.Probably, the word "storing/store" was missed totally by the concerned reader. Current Location can be tracked but no data stored, for the purpose of retrieving it later on demand, for every move you make in this context. Only When a call is made, the calling time/place recorded both for the caller and the reciever.

 

3. RTI cannot be used in private companies, unless the organization is financially funded significantly or operationally controlled by the government.TRAI regulates telecom companies but don't control the executive operation of tele-companies. In this regard, I am providing a link,an eye opener to readers or repliers alike.

 

http://shine.yahoo.com/work-money/privatetelecom-operators-should-be-brought-under-rti-right-to-information-act-2567011.html

 

So, all replies of the last message regarding RTI implementation in mentioned context is null and void ipso facto.

 

4. I already said the basic thing "Order by court",that can serve the very purpose. Now take a look at CRPC section 91 says-

 

91. Summons to produce document or other thing. (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes 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 him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

 

Points to be noted in above definition-

(a) Browny text, which say who can do it.

(b)Red text(very important) means it is upon discretion of the authority in the context whether it's necessary to produce documents or investigate certain documents,considering relevant in the case under investigation.No external force can be exerted to ask for the production of document.

 

5. Yes, a request can be made to police in charge to plead the innocence citing the reason,so he may investigate the matter fully.

 

6. Yes, point number 5 can be pleaded also before the court,that may order the police to do the same.

 

7.When matter in under investigation, RTI is this regard may not be entertained.Section (8) (h) of RTI 2005 may be applied in this sense.

 

Note-

 

1. I Object to any title used before my name except "Mr." though i know motive differs (Out of respect,out of sarcasm or whatsoever).

 

2. I am sorry, It would be difficult to find the details of the referred case unless i get "Citation" in this regard.

 

3. Thank you for the praise(whatsoever the motive was) and blessings.

 

Rest is the story,

 

Hope to hear again(if need so arises)

Thanks,

Regards,


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