IN THE COURT OF THE HON’BLE METROPOLITAN
SESSIONS JUDGE: AT: HYDERABAD.
Crl.R.P No. of 2023
Against
M.P. No. 664 of 2023
IN
D.V.C.No. 148 of 2022
( Order dt: 05-12-2023 passed by the IV Metropolitan
Magistrate, Hyderabad)
BETWEEN:
Vidhya G D/o. S.Gopalan,
Aged about 34 years, Occ: Student,
R/o. H.No. 11, Flamingo Residency,
Falcon Valley colony
Shaikpet, Hyderabad. ...Petitioner
AND
1. R.Nishanth s/o Ramachandran
Occ: Private Service
2. P. Ramachandran s/o Unknown
Occ: Private Service
3. R.Usharani
Occ: Private Service
4. R.Prashanth s/o Ramachandran
Occ: Private Service
All residing at No. 22, Ram nagar 1st street,
SS Colony,
Madurai, Tamilnadu - 625017. … Respondents
MEMORANDUM OF CRL.APPEAL FILED U/S. 29 OF DVC ACT.
IN
IN THE COURT OF THE HON’BLE IV METROPOLITAN
MAGISTRATE, AT:: HYDERABAD.
M.P. No. 664 of 2023
IN
D.V.C.No. 148 of 2022
BETWEEN:
Vidhya G D/o. S.Gopalan,
Aged about 34 years, Occ: Student,
R/o. H.No. 11, Flamingo Residency,
Falcon Valley colony
Shaikpet, Hyderabad. ...Petitioner
AND
1. R.Nishanth s/o Ramachandran
Occ: Private Service
2. P. Ramachandran s/o Unknown
Occ: Private Service
3. R.Usharani
Occ: Private Service
4. R.Prashanth s/o Ramachandran
Occ: Private Service
All residing at No. 22, Ram nagar 1st street,
SS Colony,
Madurai, Tamilnadu - 625017. … Respondents
The present petition is filed challenging the Order dated : 05.12.2023
passed in Crl. M. P. No. 664 of 2023 in D.V. C. No. 148 of 2022 of the
Learned IV Metropolitan Magistrate, Integrated Family Court complex,
Hyderabad.
FACTS OF THE CASE :
1. It is submitted that the petitioner have filed a Domestic violence case
D.V.C. No. 148 of 2022 before the Learned IV Metropolitan Magistrate,
Integrated Family Court complex, Hyderabad.
2. It is submitted that on 27.09.2023, the petitioner filed an interim
application u/s 91 of Criminal Procedure Code, which got numbered as
Crl.M.P. No. 664 of 2023.
3. It is submitted that the petitioner prayed for Interim Protection and
compensation u/s the PWDVA Act 2005 before the Learned IV
Metropolitan Magistrate, Integrated Family Court complex, Hyderabad
against the above respondents and specifically stated that the Respondent
no.1 committed forcible sexual intercourse against the petitioner lastly
multiple times during time period of December 2021 to June 2023.
4. It is submitted that the respondent no. 1 who had appeared personally on
27.09.2023 for the first time refused that he was present on the spot during
the incidents stated in Para 3. Hence the petitioner preferred the
application u/s 91 of Criminal Procedure code before the Learned IV
Metropolitan Magistrate, Integrated Family Court complex, Hyderabad to
preserve and procure the call detail records and mobile tower location
details of the petitioner and the respondent no. 1 during the specified time
period.
5. It is submitted that the petitioner had specifically mentioned in her interim
petition Crl.M.P No. 664 of 2023 in D.V.C. No. 148 of 2022 that the
respondent needs to prove the incidents of sexual assault of the respondent
no. 1 against the petitioner and is praying to the Court to direct the
concerned authority to preserve and produce the call detail records and
mobile tower location details of the petitioner and the respondent no. 1
during the specified time period.
6. It is submitted that the Learned IV Metropolitan Magistrate, Integrated
Family Court complex, Hyderabad posted her interim petition Crl.M.P No.
664 of 2023 in D.V.C. No. 148 of 2022 on 3rd December 2023 for the
counter of Respondents. But the petitioner filed an application for
advancement of hearing as the Interim Petition was on urgent basis and
also the petitioner does not want the respondents to be alerted so that they
will try to destroy the evidence by porting the Mobile number to another
Service Provider or another state.
7. It is submitted that the interim petition Crl.M.P No. 664 of 2023 in D.V.C.
No. 148 of 2022 got advanced to 20.11.2023. The Learned IV Metropolitan
Magistrate, Integrated Family Court complex, Hyderabad refused to allow
the interim petition stating the respondents’ privacy will be violated if the
said petition is allowed.
8. It is submitted that the petitioner prayed for a short date to file citations to
prove that preservation of Call detail records and mobile tower locations to
prove allegations in a matrimonial dispute will not violate the privacy of
the respondent-husband.
9. It is submitted that the petitioner filed a memo attaching citations of the
Hon’ble Delhi High Court in a censored case in CRL.R.P.No. 480/2023
held that preservation of CDR and mobile tower records in no way will
interfere with the right to privacy of the parties in matrimonial cases
and prayed to the Learned IV Metropolitan Magistrate, Integrated Family
Court complex, Hyderabad to atleast preserve the Call detail records and
mobile tower locations of the Respondent no. 1 so that it won’t be erased
when it is required during the trial.
10. It is submitted that even after all this the Learned IV Metropolitan
Magistrate, Integrated Family Court complex, Hyderabad posted the
interim petition Crl.M.P No. 664 of 2023 in D.V.C. No. 148 of 2022 was
posted for the counter of the Respondents on 05.12.2023 but the
respondents did not file any counter on the said date.
11. The Hon’ble Delhi High Court also went ahead and held that
12. It is submitted that to the shock of the petitioner, the Learned IV
Metropolitan Magistrate, Integrated Family Court complex, Hyderabad
dismissed her interim petition Crl.M.P No. 664 of 2023 in D.V.C. No. 148
of 2022 outright on 05.12.2023 on irrelevant ground that the interim
petition did not mention any specific reason to order the concerned
authorities to produce the details even when the petitioner had mentioned
in the very first line that the petitioner has to prove the allegations of sexual
assault of the Respondent no. 1 against her.
13. It is submitted that it is a known practice in trial courts that the facts are
not repeated in length in the interim petitions for brevity as they would
have already been detailed in the main petition and are made as
submissions before the trial court.
14. It is submitted that learned magistrate dismissed the interim petition by
orders dated : 05.12.2023, without verifying the records and without
application of mind in a mechanical and diabolical manner.
15. It is submitted that impugned order dated : 05.12.2023 passed in Crl.M. P.
No. 664 of 2023 in D.V.C.No. 148 of 2022 is liable to be set aside on the
following:-
GROUNDS
I. The learned magistrate failed to consider the line number 1 of the
interim petition Crl.M. P. No. 664 of 2023 in D.V.C.No. 148 of
2022, that the petitioner must prove the allegations of sexual
assault of the Respondent no. 1 against her, this Court totally
omitted the very first line of the said interim petition and held that
there are no specific reason and did not detail what is the grave
allegation; is absurd.
II. The learned magistrate ought to have known the seriousness of the
allegation of sexual assault which is covered under the ambit
Protection of Women against domestic violence Act, 2005 and that
the respondent no.1 has denied having been on the spot during the
incidents, so to prove her allegations it is inevitable to procure the
Call detail records and mobile tower locations to prove these grave
allegations.
III. The learned magistrate ought to have not diabolically dismissed
the interim petition on hyper technical grounds as in similar cases
trial courts have passed generic abstract orders based on the prayer
in such applications as the time period and records required are
alone sufficient to order to third party concerned authorities to
preserve the records.
IV. The learned magistrate failed to consider that the said Call detail
records and mobile tower locations are time critical and will expire
by the end of December 2023.
V. The learned magistrate did not have any concern regarding the
reason for praying for such preservation and production of the said
records from the concerned authority but only had concern
regarding the privacy of the respondents and the petitioner had
rightly filed a Memo along with relevant citations and established
laws that preservation of CDR and mobile tower details will not
affect the privacy of the respondents.
VI. The Learned magistrate has made up her mind prejudiced to
dismiss the interim petition and then went ahead stating a frivolous
ground to justify it without considering the veracity and
importance of such piece of records which the petitioner cannot
lay her hands on without the help of the Courts.
VII. The prayer for preservation of call detail records and mobile tower
location of the respondent no.1 mobile number for the said period,
is a simple and straight forward relief, which will not prejudice the
respondents in any manner but will help the Court in deciding the
allegations.
VIII. Any other ground may be urged at the time of hearing.
It is submitted that due to dismissal of the interim petition u/s 91 of CR.P.C by
the Learned Magistrate is against the Right to fair justice of the petitioner. Unless
this Hon’ble Court directs the preservation of call detail records and mobile tower
location of the respondent no.1 mobile number (9741451601) and the petitioner
mobile number (9663860889) for the said period, it will seriously hamper the trial
and the petitioner will be left with no proof to prove her allegations of sexual
assault of the respondent no. 1 against her and the requested records are time
critical and will be erased by December 2023 end, if not ordered to be preserved
by this Hon’ble Court.
IT IS THEREFORE PRAYED, this Hon’ble Court may be pleased to call for
the records in connection with the order dated : 05.12.2023 passed in Crl. M.P.
No. 664 of 2023 in D.V.C. No. 148 of 2022 of the Learned IV Metropolitan
Magistrate, Integrated Family Court complex, Hyderabad, and direct to order the
concerned Telecom service providing authority (AIRTEL) to atleast preserve call
detail records and mobile tower location of the respondent no.1 mobile number
(9741451601) and the petitioner’s mobile number (9663860889) from period of
December 2021 to June 2023 till the disposal of the pending DVC and also to
proceed on exparte basis as the respondents will try to tamper with the records
and also will delay the proceedings leading to erasure of records from the server.
Dated this day of December 2023 at Hyderabad.
VERIFICATION
I, Smt. G. Vidhya, W/o. R. Nishanth, D/o. S. Gopalan, aged about 32 Years,
Occupation: Unemployed, R/o. Flamingo Women’s Hostel, Besides
Narayanamm Engineering College, Falcon Valley Colony, Shaikpet, Hyderabad,
Telangana- 500028, do hereby declare that the contents of the above Complaint
are true and correct to the best of my knowledge, information and belief. Hence
verified on this the th day of December, 2023 at Hyderabad.
Place: Hyderabad
Date: -12-2023 PETITIONER-IN-PERSON
LIST OF DOCUMENTS
1. Certified Copy of order in Crl. M. P. No. 664 of 2023 in D.V.C. No.148 of
2022 dt 05.12.2023
2. Copy of petition in Crl.M. P.No. 664 of 2023 in D.V.C.No. 148 of 2022 dt
27.09.2023
3. Copy of out of order petition filed in Crl.M. P.No. 664 of 2023 in D.V.C.No.
148 of 2022 dt 01.11.2023
4. Copy of Memo along with citations filed in Crl.M. P.No. 664 of 2023 in
D.V.C.No. 148 of 2022 dt 20.11.2023
5. Identity Proof – Aadhar of the petitioner
Place: Hyderabad
Date: -12-2023 PETITIONER-IN-PERSON
IN THE COURT OF THE HON’BLE
METROPOLITAN SESSIONS JUDGE:
AT: HYDERABAD.
Crl.R.P No. of 2023
Against
M.P. No. 664 of 2023
IN
D.V.C.No. 148 of 2022
( Order dt: 05-12-2023 passed by the
IV Metropolitan Magistrate, Hyderabad)
BETWEEN:
Vidhya G …Appellant/
Petitioner
AND
R.Nishanth and 3 others
…Respondents/Respondents
MEMORANDUM OF CRL.APPEAL
FILED U/S. 397 OF CR.P.C.
Filed on;
Filed by;_
M/s. Vidhya G
PETITIONER-IN-PERSON
Cell No.: 9663860889
Form No. 7 List of Documents (Rule 9,10, and 62)
(Under Order VII R 14 or Order VIII R.I of Code of Civil
Procedure)
IN THE COURT OF THE HON’BLE METROPOLITAN
SESSIONS JUDGE: AT: HYDERABAD.
Crl.R.P No. of 2023
BETWEEN:
Vidhya G …Appellant/Petitioner
AND
R.Nishanth and 3 others …Respondents/Respondents
LIST OF DOCUMENTS
1. Certified Copy of order in Crl. M. P. No. 664 of 2023 in D.V.C. No.148 of
2022 dt 05.12.2023.
2. Copy of petition in Crl.M. P.No. 664 of 2023 in D.V.C.No. 148 of 2022 dt
27.09.2023.
3. Copy of out of order petition filed in Crl.M. P.No. 664 of 2023 in D.V.C.No.
148 of 2022 dt 01.11.2023.
4. Copy of Memo along with citations filed in Crl.M. P.No. 664 of 2023 in
D.V.C.No. 148 of 2022 dt 20.11.2023.
5. Identity Proof – Aadhar of the petitioner
Dated this day of December 2023 at Hyderabad.
PETITIONER-IN-PERSON
IN THE COURT OF THE HON’BLE
METROPOLITAN SESSIONS JUDGE:
AT: HYDERABAD.
Crl.R.P No. of 2023
Against
M.P. No. 664 of 2023
IN
D.V.C.No. 148 of 2022
( Order dt: 05-12-2023 passed by the
IV Metropolitan Magistrate, Hyderabad)
BETWEEN:
Vidhya G …Appellant/
Petitioner
AND
R.Nishanth and 3 others
…Respondents/Respondents
LIST OF DOCUMENTS
Filed on;
Filed by;_
M/s. Vidhya G
PETITIONER-IN-PERSON
Cell No.: 9663860889
IN THE COURT OF THE HON’BLE METROPOLITAN
SESSIONS JUDGE: AT: HYDERABAD.
Crl.R.P No. of 2023
BETWEEN:
Vidhya G D/o. S.Gopalan,
Aged about 34 years, Occ: Student,
R/o. H.No. 11, Flamingo Residency,
Falcon Valley colony
Shaikpet, Hyderabad. ...Petitioner
AND
5. R.Nishanth s/o Ramachandran
Occ: Private Service
6. P. Ramachandran s/o Unknown
Occ: Private Service
7. R.Usharani
Occ: Private Service
8. R.Prashanth s/o Ramachandran
Occ: Private Service
All residing at No. 22, Ram nagar 1st street,
SS Colony,
Madurai, Tamilnadu - 625017. … Respondents
VERIFICATION AFFIDAVIT
I, Vidhya G, D/o S.Gopalan, Age 35 Years, Occ: Student, R/o No. 11
Flamingo Residency, Falcon valley colony, Shaikpet, Hyderabad – 500008,
do hereby solemnly and sincerely affirm on oath as follows:-
1. That I am the deponent herein and the petitioner in the above case as
such I am well acquainted with the facts of the case and as far as this
affidavit is concerned.
2. I submit that I have filed the accompanying petition u/s 397 of
CR.P.C.
3. I submit that I have not filed any case against the same accused for
seeking same relief for the same cause of action before any other court
of law, including the Hon’ble High Court at Hyderabad, except the
present petition before this Hon’ble Court.
4. That the contents of the affidavit, pleadings of the Main Petition and
documents are true, correct and genuine to the best of my knowledge
and belief.
Hence this Verification Affidavit.
Sworn and signed before me DEPONENT
On this the day of December 2023
At Hyderabad
Advocate/Hyderabad
IN THE COURT OF THE HON’BLE
METROPOLITAN SESSIONS
JUDGE: AT: HYDERABAD.
Crl.R.P No. of 2023
Against
M.P. No. 664 of 2023
IN
D.V.C.No. 148 of 2022
( Order dt: 05-12-2023 passed by the
IV Metropolitan Magistrate, Hyderabad)
BETWEEN:
Vidhya G …Appellant/
Petitioner
AND
R.Nishanth and 3 others
…Respondents/Respondents
VERIFYING AFFIDAVIT
Filed on;
Filed by;_
M/s. Vidhya G
PETITIONER-IN-PERSON
Cell No.: 9663860889
