Rule.
Service of rule is waived by learned APP Mr. HL Jani for respondent No.1-State and learned advocate Mr. Amit Panchal for respondent No.
3.
2. The present petition has been filed by the petitioner under Articles 14, 21, 226 and 227 of the Constitution of India as well as under sec. 91 of the Code of Criminal Procedure, 1973 for the prayers, inter alia, that appropriate, writ or direction may be issued quashing and setting aside the order below Exh. 11 passed by the trial court. Alternatively, it is also prayed that appropriate writ, order or direction may be issued directing the Manager (Nodal), Vodafone West Ltd., Vodafone House, Corporate Road, Prahaladnagar, Off. SG Highway, Ahmedabad to preserve the records and data of Mobile Phone No. 9825609449 for the period from 25.7.2011 to 15.8.2011.
3. Heard learned counsel Mr. Unmesh Trivedi for the petitioner who has submitted that this data is required to be retrieved and maintained as it may be useful at the appropriate stage in the trial for his defence and if it is not maintained, then it may not be possible for him to get it produced and referred.
4. Therefore, considering the right of the petitioner and also the right of the prosecution as well as the service provider, it would be in the fitness of things if the alternate prayer is granted directing the Manager (Nodal), Vodafone West Ltd., Vodafone House, Corporate Road, Prahaladnagar, Off. SG Highway, Ahmedabad to retrieve the call data/ records of Mobile Phone No. 9825609449 for the period from 25.7.2011 to 15.8.2011 and preserve the same in a proper way in the system so as to make it available before the competent court if and when required in future.
5. It is clarified that this direction is issued considering the facts and circumstances of the present case and it may not be treated as applicable to other cases or as a guideline for any future case/matter.
6. With the aforesaid observations and directions, the present petition stands disposed of as partly allowed. Rule is made absolute to the aforesaid extent.
(Rajesh H. Shukla, J.) (hn) Top