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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Jasveer Singh S/o Resham Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
FARJAND ALI, J.
1. By way of the instant Criminal Miscellaneous Petition under Section 528 of the BNSS, the petitioner has assailed the order dated 19.08.2025 passed by the learned Special Judge, NDPS Act Cases-cum-Additional Sessions Judge, Ratangarh, District Churu, in Sessions Case No. 27/2024, whereby the learned trial Court dismissed the application preferred by the petitioners under Section 94 BNSS and declined the prayer for summoning material evidence, namely, mobile call detail records and tower locations of the concerned police officials, CCTV footage of Tidiyasar Toll Naka, and toll receipt of the Scorpio vehicle in question.
2. Succinctly stated, the factual matrix giving rise to the present petition is that on 07.04.2024 at about 1:51 a.m., a police party headed by Shri Pyarelal, along with other officials, departed from the police station for patrolling and naka bandi. During the course of such blockade near Gusaisar-Hardesar Fanta on National Highway No. 11, a Scorpio vehicle bearing registration No. RJ-13- UB-0708 was intercepted at approximately 2:40 a.m. The occupants of the vehicle allegedly attempted to flee but were apprehended. Upon inquiry and subsequent
The court emphasized the necessity of preserving electronic evidence for a fair trial, affirming that denying such evidence undermines the right to defend oneself.
The court emphasized the necessity of preserving electronic evidence for a fair trial, affirming the fundamental right to defend oneself and the prosecution's burden to prove its case beyond reasonab....
The court emphasized the necessity of preserving electronic evidence for ensuring a fair trial, ruling that denying access to such evidence hinders the pursuit of truth.
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 that accused persons are entitled to invoke Section 91 CrPC after the filing of the charge-sheet, and the trial Court has the jurisdiction to direc....
The court emphasized the fundamental right to defend oneself and the necessity of preserving evidence for a fair trial, allowing the summoning of call data records and related documents.
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