Former Haryana minister Gopal Kanda and his aide Aruna Chaddha's plea for directions to the Delhi Police to file complete charge sheet in the air hostess Geetika Sharma suicide case has been dismissed by a Delhi court.
District Judge S K Sarvaria said the accused had moved the trial court earlier with the same prayer for mirror images of electronic data and documents relied upon by prosecution in the case and the police had given an undertaking that it will supply them the copies on receiving it from the forensic lab.
"Therefore, so far as the Forensic Science Laboratory result and mirror image (of electronic device/hard disk/mobile phone) are concerned, the same being with FSL and there is undertaking on behalf of prosecution to file with supplementary challan, there is no need on behalf of accused persons to demand here mirror image of hard disk etc. before the sessions court," the court said.
The sessions court also rejected another plea of Kanda and Chaddha for directions to telecom service providers for preservation of call detail records (CDRs) pertaining to eight mobile phones.
The court said that copies of CDRs have already been supplied to the accused and there is no need for producing the original and the plea lacks material particulars as it does not mention the period of CDRs required to be preserved.
"No blanket order otherwise should be passed for preservation of CDRs with regard to mobile phones in question by the service provider for indefinite period affecting the right of privacy of the consumer of the service provider/mobile user," it said.
Both Kanda and Chaddha are accused of abetting Geetika's suicide. She was found dead at her Ashok Vihar residence in Delhi on August 5, last year.
In her suicide note, Geetika had said she was ending her life due to "harassment" by Kanda and Chaddha. The court, in its order, said that the ACMM had already passed a direction for supply of a copy of the seized diary of Dr Vishakha Munjal, who had conducted Geetika's abortion, to the accused.
Kanda and Chaddha had moved the sessions court saying neither the electronic data sent to FSL for examination nor the copy of relevant documents, like diary of Dr.Munjal and complete copy of Geetika's passport and her note book from which suicide note was recovered, have been supplied to them.
They had sought a direction to the police to give them a complete copy of the charge sheet along with the documents.
During the arguments, the prosecutor had sought dismissal of the applications saying they were filed to delay the proceedings and arguments on framing of charges in the case.
The court, however, said their application was not maintainable as no provision of law has been shown wherein such a direction can be passed in a case committed to it.
"In the absence of such law in the CrPC and there being no inherent power vested with this court, such a direction cannot be technically issued to the prosecution/investigating agency," the judge said.
Kanda and Chaddha have been charge sheeted for abetment of suicide, criminal conspiracy, criminal intimidation, forgery of valuable security, forgery with intention to cheat and harm reputation, using forged documents as genuine and destruction of evidence under the IPC.
They have also been booked under Section 66 of the Information Technology Act which deals with computer hacking.
