Obtaining evidence under crpc 91
FG
(Querist) 02 December 2012
This query is : Resolved
In a false criminal case, aged parents have been accused, and several false witnesses have been produced.
Can I request the court to summon the cell tower details of these witnesses and ourselves to prove this was a false incident? How long will it take for court to honour our request?
ajay sethi
(Expert) 02 December 2012
what are the facts of your case . ? you have stated that false case has been filed but you hjhave not mentioned any details of the case .
FG
(Querist) 02 December 2012
This is a false dowry case. The alleged incident is one of dowry demand at wife's house which never happened.
Police have spent close to a year and only just now filed chargesheet.
The cell-tower records are not stored for more than 1 year is my understanding.
How do I get the court to pass an order to obtain these expeditiously?
ajay sethi
(Expert) 02 December 2012
how are cell records material ? if it is your case that no dowry demands have been amde at your wife residence deny the allegations . the burden of proof is your wife to substaniate those allegations
FG
(Querist) 02 December 2012
My wife has produced 10 witnesses - all family members - to corroborate her story. In the best scenario for me, this incident will be dismissed for lack of evidence. It can have worse outcomes also.
I want to prove this allegation is false, not simply be acquitted for lack of evidence for something I did not do.
Devajyoti Barman
(Expert) 02 December 2012
At the time of evidence you can ask for issuing of summons upon the Mobile service company to produce papers showing the tower location of their mobiles.
R.K Nanda
(Expert) 02 December 2012
contact local lawyer.
