The Delhi High Court while upholding the order of the trial court allowed the preservation of call detail records, location data of CBI officers.
The bench of Justice Chandra Dhari Singh has observed that the revision petition is not maintainable under Section 397(2) of the CrPC, as the order is interlocutory in nature. Even upon examining the order under the spectacles of Section 482 of the CrPC, the CBI has failed to demonstrate any legal infirmity, abuse of process or miscarriage of justice that would warrant interference by this Court.
The case arose out of a complaint filed by the complainant, Ashok Kumar before the Superintendent of Police, CBI, ACB, New Delhi, alleging that the respondent Neeraj Kumar (Junior Engineer, MCD) and co-accused Sukhdev (Beldar, MCD) demanded a bribe of Rs. 7,000/- to allow him to store construction materials outside his shop.
Based on the complaint, the CBI, which is the petitioner herein, conducted verification proceedings on 2nd June, 2022 and 6th June, 2022, following which a trap operation was conducted on 6th June, 2022, leading to the arrest of Sukhdev, who was caught red-handed accepting the bribe on behalf of the respondent allegedly. According to the chargesheet, the respondent was arrested on 6th June, 2022 and was released on bail on 23rd June, 2022.
During the course of the trial proceedings, the respondent filed an application under Section 207 of the CrPC read with Section 91 of the CrPC, seeking copies of unrelied statements and documents arguing that access to such documents cannot be denied merely because the prosecution deems them irrelevant. The respondent also sought preservation of Call Detail Records (CDR) and location data of CBI officers and independent witnesses, contending that such records could be crucial for his defence.
The Trial Court allowed the said application vide order dated 12th July, 2023, directing the preservation of CDRs and location data for specific dates related to the verification and trap proceedings on the ground that it was necessary to safeguard accused person’s right to a fair trial ensuring that the relevant records remain available if required at the appropriate stage of proceedings.
The CBI officers has challenged the order passed by the Trial Court, by which, the Trial Court directed the preservation of Call Detail Records (CDR) and location data of CBI officials and independent witnesses in connection with FIR, registered under Section 120B of the Indian Penal Code, 1860 and Section 7 of the Prevention of Corruption Act, 1988.
The court while taking into consideration the sensitive nature of the information and data, the learned Trial Court shall ensure that no sensitive information, including the identity of investigating officers, is disclosed in a manner that may compromise their security or ongoing investigations. Any disclosure of records shall be made strictly in accordance with the law, ensuring that the gravity of the sensitive nature of the records, the confidentiality of investigative operations, and the security of officers involved in other investigations are duly safeguarded.
Case Details
Case Title: CBI Versus Neeraj Kumar
Case No.: CRL.REV.P. 1194/2023 & CRL.M.A. 30434/2023
Date: 4th March, 2025
Counsel For Petitioner: Ravi Sharma
Counsel For Respondent: Tushar Agarwal
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