cpc

limitation of summoning of cctv footage and call details


Sir, I need some advice in criminal case filed under Section 253/186/34 IPC by the Police.  In the said case the complainant is himself a police official.  The said police official along with IO of the case make out a false case again my brother-in-law and one more person (who is friend of my brother-in-law).  In the said case my brother-in-law is shown as arrested at the crime spot and sent to JC for 10 days and the other accused was fled away from the crime place.  Thereafter granted regular bail by the court.  The other accused also surrendered after a gap of 1 month when his anticipatory bail application was rejected.  He was further sent to JC for 10 days and granted regular bail by the court.  My queries are as under:

  1. I want to summon the CCTV footage of police station where the FIR is lodged;
  2. Call details and mobile location of my brother-in-law and the complainant as well as the IO to prove that the story as narrated by the police in the FIR as well as in the chargesheet filed is not only false but also concocted;  

The said CCTV footage and the call details and mobile location are sufficient to prove the false allegations of the of the police

I WANT TO KNOW HOW OLD CCTV FOOTAGE AND CALL DETAILS ALONG WITH MOBILE LOCATION CAN BE SUMMONED THROUGH COURT AND HOW.  (THE FIR WAS REGISTERED IN DECEMBER 2011 AND EVEN TILL DATE THE TRIAL IS YET TO START) 

 
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LEGAL CONSULTANT

UR  brother in laws lawyer can submit a petition in the court for summonning the cc tv footage as evidence if it is available.

 
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LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

There is no such time limit if it is available with the police and it is for the lawyer of your brother in law to move the court for summonning such records.

 
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+ 91 9225510883

If the said case is under trial, you can always keep these facts before the court in writing along with an application mentioning the importance of the CCTV footage and the call details as an important evidence in this case. And if the court accepts your application and issues order in its favour, the concerned authorities have to act accordingly.

Adv. Yogen Kakade, Pune

juryconincorporation@gmail.com

www.juryconn.in

 
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LEGAL CONSULTANT

If U keep on delaying the CC TV footage could be tampered.

 
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Legal consultant

You can file a petition in the Jurisdictional Court under section 91 of the Code of Criminal Procedure1973 calling for production of theCCTV footage and any other document or proof which you want should help in finding the truth in course of the investigation. As the CCTV footage get erased after a certain time, it is always advisable to do it as early as possible. In kolkata courts such orders are acceded to by the magistrates

 
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