Paid Advise

Can we prove our absence through the CDR?

Shivendra Pratap Singh

Advocate

26/04/2022

Reading Time:

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren’t in Jhansi at that time. In Fact we were at our residence, Mumbai. Can we call for CDR location in our defence, to confirm we were in Mumbai on 23.06.2019 Question Can We get our CDRs through RTI. 

Asked from: Uttar Pradesh

You are a subscriber of a telecom operator. Hence, you can get CDR from the telecom operator. No need to approach the court for calling CDR from the telecom operator. 

Court can direct the operator to furnish CDR if that details are necessary for the purpose of investigation or trial of the case. But that CDR must either belong to the accused or the call details tend to prove involvement of the accused in the commission of offence. 

No such circumstance exists in your case. Hence, you can directly approach the operator and get a CDR. The CDR is not a conclusive proof. Court has the power to reject it if your presence is being proved by other evidence. 

If you want to take a plea of alibi (absence on the place of incident) as a defence, you can prove it by any other evidence also. Not necessary to rely on CDR. You can prove your absence through circumstantial evidence. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can investigating officer send the document to FSL?

Question: Can investigating officer send the document to FSL? I am 75 years Retd ISRO scientist in Hyderabad.  Seeking your advice/suggestion/consultation on a small clarification. I had bought 1 Acr land  in 1997 and got it mutated in 2019. ROR is in my...

Prosecution sanctioned not in three months is it valid? 

Question: Prosecution sanction by competent authority is granted after lapse of stipulated period mandated and specified under Section 19 of the P. C. amendment act 2018. Prosecution sanctioned not in three months is it valid?  Whether the sanction is valid or...

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54