A.K.NAZER vs ANILKUMAR SINHA & ORS.

During the pendency of W.P.(C).No.19431/2013, this Court had passed Annexure A2 order, directing 3 Telephone Companies to keep the

call records in respect of respondents 8 to 20 for the period from 2011 January onwards till the disposal of the writ petition. The writ petition was

disposed of on 28.3.2014, whereby the investigation was handed over to the CBI. The CBI took up the investigation, conducted it and filed the

final report in the matter. Presently, the case is pending as C.C.No.1/2015 before the Chief Judicial Magistrate''s Court, Ernakulam.

According to the petitioner, the records have not been kept by the Telephone Companies, as ordered by this Court. At the same time, the

learned counsel for the Telephone Companies pointed out that by complying with the order, they had kept the said call records and the call

records cannot be preserved for more than one year, since it will lost automatically from the system on the completion of one year. Whatever it is,

this Court had passed Annexure A2 order solely for the purpose of enabling the investigating officer to peruse it. The learned Standing Counsel for

the CBI submits that all the call records were perused by the investigating officer during investigation. Therefore, the purpose has been

accomplished and therefore, there is no meaning in contending at present that Annexure A2 has been violated.

Regarding the allegations against the CBI for contempt proceedings, are that the investigation was not conducted in proper line and several

material witnesses were not cited by the CBI. It is also contended that some of the persons who were to be arraigned as accused, are also not

arraigned as accused in the case. Even if there is defficiency or inadequacy in the investigation, contempt proceedings cannot be initiated against the

CBI or the investigating machinery. With liberty to the petitioner to have recourse to appropriate procedure in accordance with law, this Contempt

of Court Case is dismissed.