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Request for Location records of complainant
02-Oct-2026 (In Criminal Law)
Hi, My wife has alleged us in her false bns85 case that she has given 3 lacs to my family at her parents house on a specifically mentioned date. While from what i can recall she was at my house on that day. Can I request in court to investigate her location records for 10 Dec 2023, which will prove her false. Is it possible to get location records from 2023?
Yes, you can request the Court to call for/obtain relevant location or telecom records (CDR/Cell-ID) for 10 December 2023, if they are still available with the telecom provider. However, such records are generally retained only for a limited statutory period, so after nearly 3 years they may no longer be available; you can ask the Court to issue appropriate directions to the telecom company and also rely on other evidence showing she was at your house that day.
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Adv. Riddhi Pratap Bothara
Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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Yes it is completely possible for you to get location records back from 2023 obviously depending on the company simcard that she uses which is not very difficult provided you can convince the court to pass such an order..
Kindly get in touch with me I’ll consult you on the key points to get this done in your favour..
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Adv. Parth S Barot
Adv. Parth S Barot
Mumbai | 5+ Answers
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yes you may file an application in the court for the same. You may use the same point during her cross examination. At the initial stage if you open your defence your wife may be alert. So use this point during her cross examination. You may go to the High Court for quashing.
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Adv. Madhura Athalye
Adv. Madhura Athalye
Pune | 5+ Answers
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Hello,
Yes, you can apply to the court to obtain her location records, but 2023 data is likely unavailable.
Why - Telecom operators usually keep tower location data for only 2 years, so records for 10 Dec 2023 have probably been deleted. Ask the operator in writing, and if the record is gone, place that reply on record.
How to apply:-File an application before the Magistrate under Section 94 BNSS. Apply during investigation or at trial, as courts may refuse defence requests at the charge stage.
What to do instead:-
- Check your own Google Maps Timeline, photos and cloud backups for that day.
- Collect witnesses, chats, UPI or card payments, and CCTV or social media posts placing her at your house.
- Ask the court to call for her bank statements. If she gave ₹3 lakh, she must show the withdrawal, and you can show no such receipt.
Please share the FIR or chargesheet so I can advise further. This is general guidance, not advice on your specific case.
Regards,
Shekhar M. Patil
Advocate
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Adv. Shekhar Milind Patil
Adv. Shekhar Milind Patil
Thane | 5+ Answers
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you can apply to the court under Section 94 BNSS (earlier Sec. 91 CrPC) seeking production of her CDR/tower location data from her telecom provider for 10 Dec 2023. Telecom companies retain CDR/location records for about 1-2 years, so 2023 data may be unavailable now.
But you need to continue the case in order to get justice
Means you can reduce punishment or get acquittal but for that you need Advocate to present your case and attend all Hearings till your case reaches till stage of Judgment.
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Adv. Sunny Ashutosh Chitnis
Adv. Sunny Ashutosh Chitnis
Navi Mumbai | 5+ Answers
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