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2022 Supreme(SC) 652

D. Y. CHANDRACHUD, A. S. BOPANNA
Varsha Garg – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ramakrishnan Viraraghvan, Sr. Adv. Mr. Preetam Shah, Adv. Mr. K. Krishna Kumar, AOR
For the MA 1144/2022 : Ms. Shashi Kiran, AOR

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. A Single Judge of the Indore Bench of the High Court of Madhya Pradesh rejected, by a judgment dated 8 April 2022, a petition instituted by the appellant under Section 482 of the Code of Criminal Procedure 19731 [Cr.P.C.] registered as Misc. Criminal Case No. 57152 of 2021.

2. The petition addressed a challenge to the correctness of an order dated 13 November 2021 of the Second Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore rejecting an application under Section 311 Cr.P.C. seeking to summon the nodal officers of certain cellular entities along with the decoding register to trace the mobile location of accused Vikas, Mangilal and Suresh.

3. The appellant is the spouse of an advocate who was brutally murdered outside his office at about 2330 hrs on 18 November 2015. Following the homicide, a First Information Report bearing Criminal Complaint No. 734 of 2015 was registered with Police Station2 [“P.S.”] Mhow, District Indore on 19 November 2015 for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code 18603 [“IPC”]. The investigation was initiated. The post mortem report indicated that the homicid


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