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FARJAND ALI
Krishan Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
No one is above the law and certainly no one can be, how mighty or influential he may be. A public servant cannot be permitted to flout the direction passed by this court or to make a deliberate disobedience of the order. The facts and circumstance of the case are that an order was passed by this court way back on 12.07.2023, which was not honoured by the police officials as well as the subsequent order regarding furnishing of explanation has also been defied.
2. Vide order dated 12.07.2023, this court passed the following order in S.B. Criminal Revision Petition No.613/2023 :-
The court affirmed the right of an accused to access essential evidence for a fair trial, emphasizing the importance of compliance with court orders by law enforcement.
The preservation and exposure of call detail records (CDRs) and location chart of the raiding party should be carefully considered to ensure the safety of the officers and their informers, and the de....
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
Preserving electronic evidence is essential for ensuring a fair trial, allowing the accused to challenge the prosecution's case effectively.
The main legal point established in the judgment is the admissibility of electronic records in criminal trials and the relevance of obtaining mobile tower location records to establish the location o....
The court established that electronic records, including mobile tower locations, are admissible as evidence and essential for a fair trial.
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