CRL OP(MD)/20159/2026 of N.Shanmuganathan Vs The Inspector General on 15 September 2026

ORDER

Mr.D.Rajaboopathy, learned Government Advocate, (Crl. Side) takes notice for the respondents. Heard the counsel on either side and perused the records.

2. This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking a direction to Respondents 1 and 2 to preserve the Call Detail Records (CDRs) of the following four persons/mobile numbers for the period from 25.01.2025 to 30.01.2025:

i) Kavitha (De-facto Complainant) – Mobile No. 6382990620

ii) Manikanta Prabhu – Mobile No. 9042655169

iii) Rajendran – Mobile No. 9791655164

iv) Madan – Mobile No. 9566741075

3. The petitioner, who is working as a Sub-Inspector of Police, is facing trial for alleged offences under Section 7 (a) of the Prevention of Corruption Act, 1988, in Special S.C. No. 17 of 2026, pending on the file of the Special Court for Prevention of Corruption Act Cases / Principal Sessions Court, Madurai.

4. The petitioner submitted a representation dated 22.08.2026 to Respondents 1 and 2 requesting the preservation of the CDRs details of the aforementioned four individuals, alleging that the de-facto complainant, Kavitha, acted in conspiracy with the other police officials, namely, Manikanta Prabhu, Rajendran, and Madan, to falsely implicate the petitioner in a corruption trap. The petitioner contends that preserving these CDRs is essential to establish his defense and to rebut the statutory presumption during the trial. Since no action was taken on his representation, the petitioner has filed the present petition.

5. During the course of arguments, the learned Government Advocate (Criminal Side) submitted that, as per Document No. D-19 listed in the final report, the certified copy of the CDR of the de-facto complainant Kavitha (Mobile No. 6382990620) covering the period from 25.01.2025 to 30.01.2025, (containing 10 pages) has already been collected during investigation and filed before the Trial Court.

6. The learned Government Advocate (Criminal Side) further submitted that since the investigation was completed and the final report was filed before the concerned Court on 07.08.2026, prior to the petitioner's representation dated 22.08.2026, there is no scope at this stage to address communications to the service providers to preserve the CDRs of the remaining three individuals. This Court is unable to accept the contention of the learned Government Advocate (Criminal Side). A criminal trial requires a fair procedure to be adopted by the prosecuting agency. When an accused, facing trial under the Prevention of Corruption Act, seeks the preservation of call records of persons allegedly involved in a conspiracy with the de-facto complainant to frame him, fairness demands that the investigating agency have to take necessary steps to preserve such material evidence. The mere filing of a charge sheet cannot be a ground to deny a fair trial.

7. In view of the above, the respondents 1 and 2 are permitted and directed to proceed with further investigation, strictly limited to the aspect of securing and obtaining the Call Detail Records (CDRs) of Manikanta Prabhu (9042655169), Rajendran (9791655164), and Madan (9566741075) from the respective service providers for the relevant period. Upon obtaining the said CDRs from the service providers, the respondent police shall file a further report along with the documents before the competent Trial Court within a period of two (2) months from today.

8. With the above directions, this petition stands disposed of. 15.09.2026 TM To

1. The Inspector General Directorate of Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai 600016.

2. The Deputy Superintendent of Police Vigilance and Anti Corruption 1/165G, Alagar Kovil Main Road Melur, Ramaond Reserve Line, Race Course Colony, Madurai. Tamil Nadu 625002.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.P.MURUGAN, J., TM Crl.O.P.(MD).No.20159 of 2026 15.09.2026