JUDGMENT :

(Ravindra Maithani, J.)

The challenge in this revision is made to an order dated 07.10.2023, passed in Sessions Trial No. 01 of 2023, State of Uttarakhand Vs. Pulkit Arya and others by the court of Additional Sessions Judge, Kotdwar, District Pauri Garhwal. By it, an application under Section 39 of the Indian Evidence Act, 1872 (“the Act”), moved by the prosecution has been allowed.

2. Heard learned counsel for the parties and perused the record.

3. The revisionist is put to trial, in Sessions Trial No.1 of 2023, State of Uttarakhand Vs. Pulkit Arya and others, in the court of Additional Sessions Judge, Kotdwar Pauri Garhwal (“the Trial”). During investigation, the data from the mobile phone of PW 23 was retrieved and sent to Forensic Science Laboratory for examination. It appears that the entire chat was given to the revisionist. Before PW 23 could be examined, an application was moved on behalf of the Special Public Prosecution with the following request:-

“It is therefore, more respectfully prayed that as the whatsapp chat has voluminous data and it is evident according to the INDIAN EVIDENCE ACT 1872 that evidence can only be given of the facts in issue and relevant f