- (1.) This revision is directed against the order dated 11.5.2011 passed by Addl. Sessions Judge, Ghaziabad in Sessions Trial No. 967 of 2009 State v. Rajendra Verma under Section 302 Indian Penal Code, P.S. Kotwali, District-Ghaziabad, whereby the application under Section 91/173 (8) Code of Criminal Procedure filed on behalf of the revisionist-complainant was rejected.
(2.) The application was moved by the complainant praying for the following reliefs: Therefore, in light of the aforesaid premises it is most humbly prayed that this learned Court may be pleased to pass the following orders: (a) I.O. should be directed to track the entire calls received/ made, SMS Received/ made at least 15 days prior to the murder till the 6.5.2009 (The day of murder) of the deceased mobile No. 9250717417. (b) 09837072400,09219507332 and 09219064385 Nos. which belong to the Accuser's 1 and other Nos. from which calls had been frequently made to the deceased's mobile phone. The aforesaid Nos. call record and their locations on the unfortunate day should be produced by the I.O. (c) To pass any other order/orders which this Ld. Court may deem fit and proper in the circumstances of the case.
(3.) The application was rejected by Addl. Sessions Judge on the ground that the reliefs prayed for direction for further investigation, which is not permissible during the hearing of the sessions trial and the Sessions Judge has no right to exercise powers under Section 173(8) Code of Criminal Procedure and the complainant may, if so advised, get the relevant records summoned from the telephone company.;