Head: call details and message details retriving : 7 year old details 1. i am runnning a criminal case. where my prime property was forcibly registered on death threats , when i was ill. 2. cognizance has been taken, case running; 3. most of the threats were delivered thro messges / sms to my mobile and of my family members; death threats were given thro calls only. that mobiles were later stolen .. 4. i approached the court to take out all the call details of teh accused and the details of all messages received on my mobile . the court did not respond and asked me to go to police station. police are not interested. 5. i am ready to pay the charges.. how to retreive the call details and message details that came to my mobile.. so that i can show the genuine evidence..
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Lawyers are available now to answer your questions.
1) you need court orders to obtain call records of the accused
2) in absence of court orders service provider woukd not give these details
3) you can request court to pass orders on your application as police are refusing to furnish these details
4) if your application is rejected you can file revision application against said order
The telecom companies do not store the conversation and text messages of each and every customer. The outgoing and incoming call data is stored but it is also for limited period. After a period of 30 days the data is allocated to archives and after 90 days it is automatically deleted. The period of 120 days is not statutory/fixed may vary from Co. to Co.
However, under judicial order/ request from a consumer / police investigation, the telecom company can record the contents of the Conversation and provide the same. Same is in the case of text messages.
The consumer does Not have any right either contractual or legal to have the copy of conversation of incoming and outgoing calls.
See the investigating office should take out all these details now since they are not interested you can file a writ before the high court for direction for investigating authority and the mobile operator for the call details. The IO after direction shall collect the record and can place it on record before the trial court.
1) To retreive call details you must know that other party which company network was using at that time and your company mobile network as well.
2) You can contact head office of concern company and ask the network server department who handles the call history.
3) Take court written permission and mean while take help of police station as well. Atleast you should receive sms history.
If you could not file proper petition before court seeking direction to service provider to produce the desired information before court then you can't get any relief through police or any other private source.
You may take the assistance of an advocate to procure the same through court following proper procedures.
Firstly, Call details will not be given to anyone and everyone, even though you are involved in a case, etc.
When court itself did not pass the order, then Police will not even consider it.
Lastly, even if you succeed in getting the order, No telecom company stores Call and SMS details for 7 years. Maximum it will be stored only for 3 years.
Had you informed the mobile company about the case running with the court order, then they would have stored it.
Having said that, I would suggest you not to rely on Call Details and other Records. Instead, get a good Criminal Advocate who can cross examine well and get the truth out of the Accused.
Understand that case can be proved even without any documentary evidence. And the case is built right from the stage of Cross Examination.
1. During the trial stage you can apply to summon the service provider to bring the retrieved messages.
2. Since this takes time by which time the messages may get deleted from server, you can file writ petition in high court seeking direction on police on this account.
3. Only the investigating agency or the court can get back those information and no other authority else.
Hello,
it is not possible to retrieve the 7 year old details since the mobile companies are mandated to keep record for three years and as such it is very difficult to retrieve details which are 7 year old.
Regards
1. You can get the call details if the same are preserved by the service provider, but the content of messages and calls is not stored by the service provider.
2. File an application to the court to direct the service provider to deliver the call data. If the application is disallowed then you have to move the High Court for relief.
1. The calls and messages in your mobile phone comes through the server of your service provider.
2. The service provider can not store all the details of the calls passed through their servers eternally duty to space constraints in thei memory of their servers.
3. Mostly they preserve the call details for a maximum period of 3 months.
4. Moreover, they will not provide any call details to you unless directed by the Court and that to if they can retrieve the said data.
to eminent advocates: what is the provision number of criminal procedure code..relevant.. under which.. i can pray the court to order for retrieving the call details or message details of my mobile.. wherein threats were delivered thro text messages and calls . my advocate is civil based doing criminal matters. he does not know
You can file a petition under section 91 cr.p.c. to procure the evidence or can file a petition under section 311 cr,.p.c. to direct the service provider to be present before court with the requisite evidence, if available.
Make application under section 91 cr pc calling upon husband to retrieve call details / message details
Ask you lawyer to make pray to court, kindly read section 91 of CrPC.
Change the Advocate. You need a good criminal Advocate for this case.
Dear Sir,
You file an application under the following section and the informations accordingly.
Section 91 of CRPC This means that an officer in charge of a police station can send a notice or acourt can issue a summon under section 91(1) to any person within whose possession the officer or court thinks is the document or a thing necessary for the purpose of investigation.
Section 91 in The Code Of Criminal Procedure, 1973
(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.
It is difficult to retrieve very old records but you can file a writ petition in HC and try your luck.
