Title: Mahant Prasad Ram Tripathi vs. State of U.P.
Decided on : 23- August-2023.
CRIMINAL REVISION NO. – 935 of 2023
CORAM: HON’BLE. JUSTICE SUBHASH VIDYARTHI.
Introduction :
This observation was made by Justice Subhash Vidyarthi’s in response to a revision petition filed in opposition to a trial court’s ruling to discharge an Accused.
Phone recording was digitally recorded by the C.B.I where both the accused were discussing (Haider had come and he has paid 6%) , Counsel have prepared the detailed submission on the issue of recorded conversation obtained illegally after that court have proceeded to examine the issues.
Applicant sought the discharge under the section 227 of CrPC and the trial court have rejected the application and his counsel urged that section 5 of the Indian Telegraph Act permits interception of communication only in certain situation .
Court Analysis :
Court have also referred many cases –
- State (NCT of Delhi ) Navjot Sandhu (2005)
- State V. N.M.T Joy Immaculate (2004)
- Gayatri Prasad Prajapati V. Directorate of Enforcement 2023.
After the analysis court noticed that conversation by the telephones as recorded in the electronic voice recorder they have additionally submitted many other evidences so Court have uphold the decision of the trial court.
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Written by- Pratik Upadhyay
