[2026:RJ-JD:656]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 10516/2025 Harpreet Singh @ Harry S/o Makhan Singh, Aged About 33 Years, Dhani Chak 5 Ptp Indergarh, At Present Ward No. 35, Sangaria Police Station Sangaria District Hanumangarh.

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Birbal Ram Bishnoi For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

07/01/2026 Learned counsel for the petitioner submits that he had filed application under Section 91 Cr.P.C. seeking the call details record and tower locations of six persons, who were allegedly involved in the raiding party in the present case. The said application has been filed by the petitioner on 02.12.2024, however, the learned trial Court had rejected the relief on the ground that it was premature as stage of defence of the accused had not yet arrived. However, liberty was granted to file application at an appropriate stage.

Learned counsel for the petitioner submits that the petitioner has now challenged the order dated 10.03.2025 contending that during the course of trial, the stage of defence was since arrived and therefore in order to set up his defence these documents are necessary, the learned trial Court has erred in rejecting the application filed by the petitioner.

Learned counsel for the petitioner has relied upon a judgment passed by a Co-ordinate Bench of this Court in the case of Prabhu Ram Vs. State of Rajasthan in Criminal Misc. Petition No.1354/2025 in which this Court while considering the identical issue has relied upon the judgment passed in Chotha Ram & Anr. Vs. State of Rajasthan passed in SBCRLMP No.3672/2023. A Co-ordinate Bench of this Court has allowed the criminal misc. petition directing the learned trial Court to preserve the evidence and also stated that it can be used by the party during the course of the trial.

Learned Public Prosecutor has vehemently oppose the prayer made by the petitioner, however, he is not in a position to dispute the preposition of law that has been stated by this Court.

Considering the facts and circumstance of the case, the said application was filed by the petitioner for seeking the call details and tower locations of six persons, however, the learned trial court had rejected the application on the ground that the same may be called at an appropriate stage. As alleged by the petitioner the appropriate stage in the trial has reach and therefore, he has right to seek such information and use to his defence. As the liberty has already been granted by the learned trial Court to file application, in view thereof, this Court direct the petitioner to file an appropriate application before the learned trial Court in light of the order dated 10.03.2025. The learned trial Court shall consider the same in light of the earlier order dated 10.03.2025; the observation and the law settled by this Court in the case of Prabhuram Vs. State of Rajasthan (supra) as well as in the case of Chotu Ram Vs. State of Rajasthan (supra) referred above, and pass appropriate orders in accordance with law.

In view of these observation, the criminal misc. petition is disposed of.

All pending application(s), if any, stand disposed of.

(BALJINDER SINGH SANDHU),J

180-Hanuman/-