Delhi High Court
CRL.M.C./7259/2026 of MOHD TAHIR HUSSAIN Vs STATE OF GOVT OF NCT OF DELHI on 30 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010465092026 + CRL.M.C. 7259/2026, CRL.M.A. 30349-30350/2026 MOHD TAHIR HUSSAIN .....Petitioner Through: Mr. Rajiv Mohan, Ms. Tara Narula, Ms. Sonal Sarda, Ms. Shivangi Sharma, Mr. Ankit Kumar and Mr. Gyan Prakash, Advocates. versus STATE OF GOVT OF
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010465092026
+
CRL.M.C. 7259/2026, CRL.M.A. 30349-30350/2026
MOHD TAHIR HUSSAIN
.....Petitioner
Through:
Mr. Rajiv Mohan, Ms. Tara Narula,
Ms. Sonal Sarda, Ms. Shivangi
Sharma, Mr. Ankit Kumar and
Mr. Gyan Prakash, Advocates.
versus
STATE OF GOVT OF NCT OF DELHI
.....Respondent
Through:
Mr. Rajat Nair, SPP with Mr. Dhruv
Pande, Advocate for State.
Insp. Priyanka, Crime Branch, Insp.
Amit Prakash, PS-Lajpat Nagar, Insp.
Sunil Kr, Special Cell and Insp.
Harbir Singh, Special Cell.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
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O R D E R
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30.09.2026
1. The Petition assails order dated 12th August, 2026, passed by the Trial Court in SC No. 168/2020 titled ‘State v. Mohd. Tahir Hussain Etc.’, arising out of FIR No. 114/2020, registered at P.S. Khajuri Khas under Sections 109/114/120-B/147/148/188/427/435/436/395 of the Indian Penal Code, 18601 read with Section 149 thereof. By the aforesaid order, the application filed by the Petitioner under Section 94 of the Bharatiya Nagarik 1 “IPC”
Suraksha Sanhita, 20232 seeking summoning of certain documents was declined.
2. The documents sought to be requisitioned by the Petitioner are: (i) the data retrieved by the FSL from the Petitioner’s mobile phone and stored in Hard Disk ‘SHDD1’ in FIR No. 101/2020, P.S. Khajuri Khas; and (ii) a certified copy of the call detail records contained at pages 327-353 of the relied-upon documents in FIR No. 65/2020, P.S. Dayalpur. It is submitted that both the aforesaid documents form part of the prosecution material relied upon in the aforesaid connected cases.
3. Mr. Rajiv Mohan, counsel for the Petitioner, at the outset, submits that the Petitioner does not seek to lead any evidence in respect of the aforesaid documents. He further submits that the Petitioner does not dispute the authenticity of the said documents and merely seeks to rely upon the material contained therein, which, according to him, supports the defence of the Petitioner. He, therefore, prays that the aforesaid documents be permitted to be placed before and considered by the Trial Court in the proceedings arising out of FIR No. 114/2020.
4. Mr. Rajat Nair, SPP for the State, as well as Mr. Dhruv Pande, counsel for the State, on instructions, submit that so long as the Petitioner does not seek to lead any evidence in respect of the aforesaid documents and merely seeks to rely upon the same, they have no objection to the request made by the Petitioner, subject to the condition that the trial is not delayed and no further evidence is led in respect of the said documents.
5. In view of the aforesaid submissions and the consent of the parties, the present petition is disposed of with the following directions:
2 “BNSS”
i. The order dated 12th August, 2026 is set aside. ii. The aforesaid documents, namely, (a) the data retrieved by the FSL from the Petitioner’s mobile phone and stored in Hard Disk ‘SHDD1’ in FIR No. 101/2020, P.S. Khajuri Khas; and (b) the call detail records contained at pages 327-353 of the relied-upon documents in FIR No. 65/2020, P.S. Dayalpur, shall be placed before the Trial Court in SC No. 168/2020. The aforesaid documents shall be admitted in evidence and proof thereof is dispensed with in view of the statement made by counsel for the Petitioner. iii. The Petitioner shall not lead any further evidence, oral or documentary, in respect of the aforesaid documents. The authenticity of the aforesaid documents is not disputed by the Petitioner. iv. The question as to the relevance and evidentiary value of the said documents shall be considered by the Trial Court in accordance with law.
6. With the aforesaid directions, the present petition, along with the pending applications, stands disposed of.
SANJEEV NARULA, J SEPTEMBER 30, 2026 nk