Can telephone records be summoned at the stage of discharge ?
Adv.R.P.Chugh
(Querist) 09 February 2012
This query is : Resolved
Learned Seniors in the Profession,
In a case where I am appearing for the accused - (at the stage of discharge in offences 385/504/120B) I've argued the matter on charge on the last date, the judge has fixed it for PP's views on the same.
Prosecution case is that my clients threatened over phone with respect to a property matter and tried to extort money - IO has not gone into telephone records - if he would have false implication would have become apparent -
1) Can an adverse inference be raised with respect to this against Prosecution ? ;
2) Can I call for telephone records at this stage u/s 91 or calling of nodal officer u/s 311
3) would 2009 call records still be available ?
4) there is also a 17 days delay in FIR - would it help me ?
5) Material discrepancies in 161 Statement of Complainant and IO's report - would the magistrate go into these at the stage of charge.
Thanks a ton in advance - I'd be priveleged if you could guide me
Raj Kumar Makkad
(Expert) 10 February 2012
1. Yes.
2. No. This is not the fit stage to call such evidence.
3. may be. Enquire from concerned company rather from us.
4. Not much if delay has been explained well.
5. Yes.
Argue on all points with relevant citations.
adv. rajeev ( rajoo )
(Expert) 10 February 2012
It is stage on hearing on discharge application , now you cannot call any documents.
Adv.R.P.Chugh
(Querist) 10 February 2012
@
Thank you Sirs :) I am highly obliged
Shonee Kapoor
(Expert) 10 February 2012
Agreed with Ld. Mr. Makkad.
However, if you have detailed call records of your own bill, from which allegedly the call was placed, you can use it at this stage,
Atleast there is one Delhi HC judgement to support you in this regard.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ajay Bansal
(Expert) 10 February 2012
At the stage of charge, you should not contest the present matter.However latter on, you should try to bring said record.
V R SHROFF
(Expert) 10 February 2012
1. Yes.
2. & 3. Only if DYSP demand from Service provider , they inform Police, not you. So at this stage forget .
4. & 5 will affect your discharge appli.
CITATIONS ARE IMPORTANT.
As PP & IO failed to provide telephone details, this case is very much in your favour.
As Shri Shonee already suggested, your own Phone Records from your bill will clearly prove, yous is a fit case for discharge, as you never phoned the complainant. & that there was no property matter dispute discussed on phone.
Adv.R.P.Chugh
(Querist) 10 February 2012
Thank you sirs for enlightening me :) and Mr.Shonnee if you could please tel me the about judgment that you've discussed above i'd be obliged
