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ahmed ali (engineer)     13 December 2014

Threat to kill

someone has been threatening to kill me by mobile phone and mobile  text message.But unfortunately, someone has deleted that message. I have never recorded that phone call but I have call detail of mobile company in which it is clear that there is call and message betwixt two mobile. 

1......Can court get that call and deleted message from mobile company, if required.

2.... Can I show that mobile call detail to court for proof.Or any other proof is required along with this.



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 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 December 2014

You can give police complaint on threatening messages. It is police duty to enquire about your complaint and gather evidences from various caller companies. 

ahmed ali (engineer)     13 December 2014

ok sir.....................can police restore the deleted message from mobile and collect call recording which had previously called............

Simran Kaur (Advocate/Legal Consultant @simrank211@gmail.com)     13 December 2014

Yes, it is within their competence.

R S Rashmi (Advocate)     15 December 2014

Ahmed Ali, neither court nor Police will recover the deleted sms - but they will serve a notice to the cellular operator company of your mobile to get the CDR (Call Details Record). To obtain SMS records Police will have to serve another notice to the cellular company.

Recovering deleted sms is FORENSIC LAB's duty and process. They will recover the deleted sms.

All you need to file complaint in CYBER CRIME CELL - not in general POLICE STATION.

ahmed ali (engineer)     15 December 2014

Actually at this time I dont want to police complain. I only want to gather and collect data. Can I complain cyber crime cell to recover deleted text message and incoming call detail 3 year before, 1 year before and 5 month before.

Can cyber crime cell give me my mobile data ( deleted text message and incoming call detail 3 year before)  to me without state police intervention.

R S Rashmi (Advocate)     16 December 2014

Originally posted by : ahmed ali

Actually at this time I dont want to police complain. I only want to gather and collect data. Can I complain cyber crime cell to recover deleted text message and incoming call detail 3 year before, 1 year before and 5 month before.

Can cyber crime cell give me my mobile data ( deleted text message and incoming call detail 3 year before)  to me without state police intervention.

Neither you nor Police can force any cellular company to provide data of more than 1yrs old - hence not about 3yrs old too.

As per Indian Govt order, all Cellular companies and ISPs need to save user data upto 1 year - so in this case you can have data of less than last 12 months.


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