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Chanduji vs State

High Court Of Gujarat|28 April, 2011


[1]. Present applicant submitted application Exh-8 before the Special Judge, Banaskantha at Palanpur in Special ACB Case No.62 of 2010 and prayed to keep data of mobile nos.9825609449, 9925143737, 9909051174 and 9426895489 for the period between 10.05.2010 to 13.05.2010 in the safe custody of the Court. It is averred in the application that the applicant has been falsely involved in the trap. After giving opportunity to both the parties, learned Special Judge rejected the said application on 13.04.2011. Hence, this application.
[2]. It is observed by the learned Trial Court that no evidence is produced with respect to rules of Mobile Company which shows that details / data of mobile number is maintained for one year. It is rightly observed by the Trial Court that trial has not commenced and matter is kept for framing of charges and so at this stage, applicant is not entitled to get any relief under section 91 of Criminal Procedure Code.
[3]. It is pertinent to note that learned Special Court has rejected the application on 13.04.2011 and thereafter, the applicant has submitted application for the said relief to D.S.P., Mehsana on 16.04.2011. The applicant has suppressed the fact while submitting the application to D.S.P. that learned Special Court has rejected the application for the same relief.
[4]. In the facts and circumstances of the case, once learned Special Court has rejected the application, question does not arise to entertain application submitted by the applicant before D.S.P., as discussed above, said application is preferred after learned Special Court has rejected the said application.
[5]. In view of above, order passed by the learned Special Court is legal and proper. Hence, present petition is summarily dismissed.
[M.D.Shah, J.] satish Top
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Chanduji vs State


High Court Of Gujarat

28 April, 2011