An Accused Seeking To Adduce Evidence Within Parameters Of Law Cannot Be Said To Be Unwarranted Or Unreasonable: MP HC

Case Background

• The Applicant, Ajay Nogare, had made an application before the Trial Court, seeking the call details of his and the other co-accused, Monu’s mobile numbers.
• The call details were sought as an evidence to prove that the accused persons were not present at the place, where and when the incident took place, on 24. 03. 2021.
• Further, the CCTV footage of the Shankh Dwar Mahakaal Mandir and Harsiddhi Mandir dated 24.3.2019 between 6 to 7 p.m was also sought.
• The Trial Court, however, dismissed the application observing that there was no reason for seeking the call records and CCTV footage.
• The Applicant filed a Miscellaneous Criminal Case, before the Madhya Pradesh High Court, under Section 482 of the Code of Criminal Procedure, 1973.

Trial Court’s Order

• The Trial Court dismissed the application stating that the Applicant’s request seeking his call records is not reasonable.
• Moreover, the applicant’s demand for CCTV footage is also unnecessary because the distance between Harsiddhi Mandir to Shankh Dwar Mahakaal Mandir is only about 200 meters, the Court observed.

Issues Involved

• Whether the Trial Court was right in dismissing the Application on the ground of being unreasonable?

Court’s Order

• The Court opined that an accused could not be deprived of his right to produce necessary evidences.
• The applicant’s desire to seek the call records and CCTV footage which can be later adduced as a necessary evidence cannot be unwarranted or unwelcomed, the Court, comprising Justice Subodh Abhyankar, observed.
• The Court ordered the Respondents to secure the relevant records requested by the Applicant, and accordingly, disposed of the case.

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