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2022 Supreme(Online)(MP) 14115

MADHYA PRADESH HIGH COURT
Vivek Rusia, J.
Jawaharlal Patidar v. State of M.P.


1. Shri Nilesh Dave, learned counsel for the Petitioner.
Shri Akash Sharma, learned Panel Lawyer for the respondent / State.
The present petition under S.482 of Cr.P.C. has been filed by petitioner challenging the impugned order dated 05.03.2021 passed by Additional Special Judge (N.D.P.S.) Mandsaur, (M.P.) whereby an application under S.91 and S.92 of Cr.P.C. r/w S.65 (A) (B) of Evidence Act has been partly allowed.

2. The petitioner is facing trial under S.8/15, 25, 29 of N.D.P.S. Act. During the pendency of the trial, an application under S.91 and S.92 of Cr.P.C. r/w S.65 (A) (B) of Evidence Act was filed by the accused - petitioner for preserving the Call Detail Record and call location chart of mobile phone belonging to petitioner, one Sub-Inspector, six constables, two witnesses and accused Nageshwar in different cellular companies. The trial court vide order dated 05.03.2021 partly allowed the application to preserve the CDR and call location to petitioner, Nagheswar and Sub-Inspector Nirbhay Singh and rejected the prayer with respect to six constables and two witnesses. Hence, this petition before this Court.

3. Learned counsel for the petitioner submits that petitioner want





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