THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2946 of 2009 Dated:30th July, 2010 Between: Jangala Sudhakar Reddy @ Ajay ….Petitioner/Accused and 1. The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad & Anr. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2946 of 2009 ORDER: This Criminal Petition has been filed by the accused in Sessions Case No.13 of 2009 on the file of the Assistant Sessions Judge, Nizamabad, under Section 482 Cr.P.C., to set aside the order dated 07.04.2009 passed in Crl.M.P.No.35 of 2009 in S.C.No.13 of 2009 and to direct the learned Assistant Sessions Judge to summon the records pertaining to Cell Phone Nos.9440639708 and 9441716819 from the B.S.N.L. Office, Lakdi-ka-pool, Hyderabad, in connection with the calls received, made and missed to phone No.9989298869 for the period from 11.11.2007 till the date of disconnection along with the records of calls received, made and missed and messages received and sent from the cell Phone No.9989298869 to the above mentioned phone numbers from the AIRTEL, Regional Office, S.P. Road, Begumpet, Hyderabad, for the above said period. 2. The petitioner is the sole accused in Sessions Case No.13 of 2009 on the file of the Assistant Sessions judge, Nizamabad. He has been facing the trial for the offences under Sections 307 and 509 IPC. 3. A brief resume of the case needs to be noted and it is thus: De facto complainant was a student of BDS in Meghana Dental College, Nizamabad. She has a friend by name Sowmya. In the year 2007 while the de facto complainant along with her friend Sowmya was returning to Nizamabad, Sowmya introduced the petitioner herein to the de facto complainant. According to the de facto complainant, the petitioner herein has been harassing her by making repeated telephone calls. It is further alleged that on 20.12.2008 at about 10.45 p.m. the petitioner came to the house of the de facto complainant and threatened her to reciprocate his love with her or else, he will kill her and so saying he removed a knife from his pocket and tried to kill her and her parents. She presented a report before the Station House Officer, V Town P.S., Nizamabad. The Sub-Inspector of Police, V Town P.S., Nizamabad, after due investigation filed a charge-sheet against the petitioner herein before the Additional Judicial Magistrate of First Class, Nizamabad. The learned Magistrate took the charge-sheet on file as PRC No.16 of 2008 and committed the case to the Sessions Division, Nizamabad, as the offence under Section 307 IPC is exclusively triable by a Court of Session. The learned Sessions Judge took the case on file as Sessions Case No.13 of 2009 and made over the same to the Assistant Sessions Judge, Nizamabad, for trial according to law. The petitioner herein filed a petition being Crl.M.P.No.35 of 2009 under Section 91 Cr.P.C. to summon the information from AIRTEL Regional Office, S.P. Road, Hyderabad, and BSNL Office, near Home Science College, Lakdikapool, Hyderabad, in respect of calls made, calls missed, calls received, messages sent and messages received, from Cell Phone Nos.9441716819 and 9440639708 to the cell phone No.9989298869, for the period from 11.11.2007 till the date of disconnection etc. The learned Assistant Sessions Judge, on haring the counsel appearing for the petitioner and the prosecution, proceeded to dismiss the petition, by order dated 07.04.2009. Hence, this Criminal Petition by the petitioner with the prayer stated supra. 4. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent/State. 5. Learned counsel appearing for the petitioner submits that the de facto complainant has been making repeated calls to the petitioner and sending messages and therefore, necessary particulars are required to be obtained from the BSNL and AIRTEL, Regional Offices, Hyderabad, so as to enable the petitioner to put his defence effectively. A further submission has been made that the trial Court dismissed the petition without taking into consideration the purpose for which the particulars are sought for from the BSNL and AIRTEL by the petitioner. 6. Learned Additional Public Prosecutor appearing for the respondent/State supported the order impugned in the criminal petition. 7. It is the specific case of the petitioner that the de facto complainant has been making repeated calls and sending messages to the petitioner and to substantiate the same, the particulars of the calls emanating from the cell phone of the de facto complainant are required from the AIRTEL, Regional Office, S.P. Road, Begumpet, Hyderabad. According to the petitioner, the de facto complainant fell in love with him and therefore, number of calls emanated from her phone to his phones. In view of the defence taken by the petitioner, the particulars sought for by the petitioner are essential. The learned Assistant Sessions Judge without taking into consideration the purpose for which the particulars are sought for from the AIRTEL Regional Office, S.P. Road, Begumpet, Hyderabad, and BSNL, Lakdi-ka-pool, Hyderabad, proceeded to dismiss the petition. 8. Accordingly, the Criminal Petition is allowed setting aside the order dated 07.04.2009 passed in Crl.M.P.No.35 of 2009 in Sessions Case No.13 of 2009 on the file of the Assistant Sessions Judge, Nizamabad and consequently, Crl.M.P.No.35 of 2009 stands allowed. ______________________ B.SESHASAYANA REDDY, J. Date:30th July, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2946 of 2009 Dated:30th July, 2010