Usually the telecom operators will not provide you (as a private person) details of call records of other persons. However, the police can obtain these details.
So, you may have to request the police officers concerned, if needed the senior officers, to get these details in order to have a fair and impartial investigation. Make a written request and get it acknowledged or send it by Registered Post (AD).
You may also try to write to BSNL for these call details, though the chances of getting details directly by you are less.
In the worst scenario, you may have to move the court concerned, or may be the High Court, pointing out as to how the police has failed to conduct a fair investigation, in spite of written request made to them, and seeking court direction to police for obtaining the call details.
You can also try approaching the court under Section 91 of the Cr.P.C. for seeking this information, which is reproduced below for your information:
“91. Summons to produce document or other thing.— (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed—
(a) to affect Sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of 1891), or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
