Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Cr. Case.2110-2023
Dipti Tiwari V. Deepak Dalal
06.01.2024
Present: Ld. Counsel for complainant along with complainant.
It is pertinent to mention that Ld. Counsel for complainant has moved a
complaint to summon the accused persons u-s 494-496-202-203 of IPC.
Ld. Counsel for the complainant has also moved an application u-s 91 of
Cr.P.C. and submitted that the said application may be decided before the pre-
summoning evidence in the present case.
Vide the aforesaid application u-s 91 of Cr.P.C., the complainant seeks to
provide the CDR and call locations of alleged respondent namely Deepak Dalal and
Nisha Arora of last two years.
Section 91 of Cr.P.C. reads as under:
91. Summons to produce document or other thing.
(1) Whenever any Court or any officer in charge of a police station
considers that the production of any document or other thing is
necessary or desirable for the purposes of any investigation, inquiry,
trial or other proceeding under this Code by or before such Court or
officer, such Court may issue a summons, or such officer a written
order, to the person in whose possession or power such document or
thing is believed to be, requiring him to attend and produce it, or to
produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a
document or other thing shall be deemed to have complied with the
requisition if he causes such document or thing to be produced instead of
attending personally to produce the same.
(3) Nothing in this section shall be deemed-
(a) to affect sections 123 and 124 of the Indian Evidence Act,
1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of
1891) or
(b) to apply to a letter, postcard, telegram or other document or
any parcel or thing in the custody of the postal or telegraph authority.
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It is pertinent to mention that Section 91 of Cr.P.C. provides that the court
may summon any such document which it considers desirable for the purpose of any
investigation, inquiry, trial or other proceedings.
Needless to mention that pre-summoning in the present case is yet to be
recorded and the alleged accused persons are yet to be summoned in the present case.
This court is also mindful of the fact that there are various litigations pending between
the complainant and the respondent whose CDR-call details are sought to be preserved
by the complainant. This court is of the view that by allowing the application u-s 91 of
Cr.P.C. before the pre-summoning evidence would intrude upon the privacy of the
concerned persons as the complainant is yet to prove its case. Hence, the present
application filed u-s 91 of Cr.P.C. is dismissed and the complainant is at liberty to move
the said application again after the pre-summoning evidence.
Put up for PSE on 01.04.2024.
(AJAY NARWAL)
MM-02-North- Rohini Courts
06.01.2024
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