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2023 Supreme(Online)(MP) 3944

HIGH COURT OF MADHYA PRADESH
Abdul Shadab Usmani – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Rakesh Dwivedi,Advocate General

ORDER

This criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 has been filed assailing the order dated 19.10.2022 passed by III Additional Sessions Judge, Shahdol (M.P.) in Sessions Trial No.167/2022 whereby accused application under Section 91 Cr.P.C. praying to direct Cyber Cell of the police to make the accused available the print messages of the mobile having Sim Nos.700073308662, 8878230057 and 8959128029 has been dismissed by the trial Court.

2. Learned counsel for the applicant has submitted that accused is facing trial for commission of offence under Sections 120-B, 346/120-B, 376-D/120-B, 377/120-B, 302/120-B and 201/120-B of IPC. It is further submitted that accused Abdul Shadab Usmani was having consensual relations with the deceased. He is charged with allegations that he along with other accused persons hatched conspiracy and committed gang-rape and unnatural sex with the deceased and committed her murder. It is submitted that applicant/accused had moved an application under Section 91 of the Cr.P.C. before the Court of III ASJ, Shahdol stating that deceased was in habit of making call to him and was also in habit of doing c

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