(Uday Umesh Lalit and Indu Malhotra, JJ.)
ABCD ____________________________________________ Petitioner;
v.
Union of India and Others ________________________ Respondent(s).
Writ Petition (Criminal) No. 191/2018, decided on October 24, 2019
The Order of the court was delivered by
Order
1. On 11.09.20191, following directions were passed by this Court:
“a. We direct the Apple Service Centre as well as the FSL Agency to make every possible effort to restart the Phone and retrieve the data from the first Mobile Phone.
Let the entire exercise be undertaken within four weeks from today, under the personal supervision of ACP Shweta Singh Chauhan (Heading SIT).
b) In case no headway is made even through the intervention of the Apple Service Centre, let the matter be referred to CBI CFSL. In such eventuality, CBI CFSL shall complete the process of investigation and analysis within four weeks of the reference.
c) Attempts to extract the Metadata of second Mobile Phone as stated in para 23 of the Charge-sheet shall also be taken to logical conclusion as early as possible and preferably within four weeks from today.
d) The Mobile Phone belonging to the then Investigating Officer shall also be subjected to analysis and the report in that behalf shall be submitted by the FSL within four weeks from today.”
2. Ms. Suhasini Sen, learned counsel appearing for Union of India submitted that in terms of the aforesaid directions, attempts were made to retrieve data from two mobile phones of the accused as well as from the mobile phone of the Investigating Officer.
3. According to the learned counsel, the data could be retrieved from the official mobile phone of the accused. However, as regards the personal mobile phone of the accused and the mobile of the investigator, no data could be retrieved as both the mobile phones were damaged. Therefore, the matter was referred to CBI CFSL.
4. At this stage, Ms. Sonia Mathur, learned Senior Advocate appearing for respondent no. 7 submitted that the relevant details including iCloud ID and Password of the mobile belonging to him were extended to the CBI CFSL by respondent no. 7.
5. Consequently, relevant iCloud data has now been retrieved by CBI CFSL from both the mobile phones of respondent no. 7 i.e. official mobile phone as well as personal mobile phone. However, no data could be retrieved from the mobile phone belonging to the Investigating Officer as said mobile phone did not have the back-up in the form of any iCloud as it was not an iPhone.
6. We therefore call upon the concerned Investigating Officer to file an appropriate affidavit stating all these details without disclosing what exactly was the material which was retrieved as a result of the entire exercise.
7. Mr. Manoj V. George, learned counsel appearing for the writ petitioner then submitted that on 17.10.2019, the petitioner was hit by a vehicle resulting in some injuries for which she was treated at AIIMS Trauma Centre, New Delhi, whereafter an appropriate complaint was also lodged with Police Station Kotla Mubarakpur. FIR No. 314 dated 18.10.2019 PS Kotla Mubarakpur, District South, New Delhi and medical papers have been placed on record along with Cr. M.P. No. 162386 of 2019.
8. Ms. Suhasini Sen, learned counsel submitted that considering the nature of allegations and the injuries suffered by the petitioner, the respondents, on their own, have extended police protection to the petitioner in the form of a Security Officer. She also submitted that FIR No. 314 is being investigated and appropriate response shall be filed before the next date of hearing.
9. List the matter on 21.11.2019.
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1 ABCD v. Union of India, WP (Cri) No. 191 of 2018, order dated 11-9-2019 (SC)
