ORDER

The petitioner in this case, is the investigation agency in RC No.08(S)/2007/SCB/CBI/Chennai (Crime No.783/2002 of Perumbavoor Police Station, and now pending before the Court of III Additional Sessions Judge/Special Judge(SPE/CBI)-I, Ernakulam as S.C No.725/2015. The challenge, in this case, is against the Annexure 5 order passed by the learned Sessions Judge by which, an application submitted by the petitioner under section 91 of the Cr.P.C to summon the Nodal Officers of some telecom companies to produce the certificate under section 65B of the Evidence Act, in respect of certain Call Data Records (CDR) of the mobile phones of some of the accused, was dismissed.

2. The facts which led to the filing of the Crl.M.C are as follows: Crime No.783/2002 was originally registered by the Perumbavoor Police, in connection with the murder of one T.M. Varghese @ Malankara Varghese, on 05/12/2002. Initially, the case was investigated by the local police, and later the same was handed over to the CBCID. However, the mother of the deceased approached this Court by filing WP(C)No.4271/2006 seeking transfer of investigation to CBI, which was allowed, and on the basis of the direction issu