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KIRTI SINGH
Gurcharan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
(Kirti Singh, J.)
This petition has been filed under Section 528 of BNSS, 2023 for quashing the impugned order dated 27.09.2024 passed by the learned trial Court in CRM No. 164 dated 23.04.2024 arising out of FIR No.119 dated 29.08.2023 under Sections 304-A, 427, 279 IPC registered at Police Station Goraya, District Jalandhar (Rural).
2. The brief facts of the present case are that allegedly the deceased persons were riding Activa scooter and a car, which was being driven by the petitioner, hit the scooter causing multiple injuries to the deceased persons who succumbed to the injuries.
3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and the complainant/first informant (respondent No.3) is a planted witness, who was not even present at the spot when the petitioner made call from his phone No.70152-17031 to the PCR to inform them about the accident and at 2.51 p.m. six calls were made by the petitioner to PCR regarding the accident. He has placed reliance upon the judgment passed by Hon’ble Supreme Court rendered in the case of “Suresh Kumar Vs. Union of Inida, 2015 (3) RCR (Criminal) 340 and the judgments passed by this Court i
The right to a fair trial under Article 21 of the Constitution prevails over privacy concerns, necessitating the production of evidence under Section 91 Cr.P.C. for justice.
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
The court affirmed the necessity of preserving electronic evidence to ensure a fair trial and prevent miscarriage of justice.
The court affirmed the necessity of preserving electronic records to ensure a fair trial, balancing privacy rights against the accused's right to access evidence.
The duty of the court to collect evidence for the defense and the necessity of summoning call details for establishing innocence and ensuring fair trial.
The court established that under Section 91 Cr.P.C., the accused has the right to summon evidence essential for their defense, reinforcing the principle of a fair trial.
Preserving electronic evidence is essential for ensuring a fair trial, allowing the accused to challenge the prosecution's case effectively.
The court established that electronic records, including mobile tower locations, are admissible as evidence and essential for a fair trial.
The accused cannot invoke Section 91 during the investigation, but the court or any stakeholder can invoke it at any stage of the proceedings.
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