How to get Call detail Records (CDR)

Unless the matter is in court and CDR needs to be admitted to prove one’s case, an individual cannot obtain CDR.  This needs to be specified, because a lot of people seek CDR details to spy on their spouses, children, etc. or for other personal purposes. Where CDR details are required urgently for producing as evidence, a person can approach Concerned Hon’ble Court.

You can use this format of CDR preservation application:

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           IN THE COURT OF [NAME OF JUDGE], [PLACE]

IN THE MATTER OF

[Name of Complainant]                                          …COMPLAINANT

VERSUS

[Name of Respondent]                                          …RESPONDENT

APPLICATION U/S 91 CR.P.C. ON BEHALF OF RESPONDENT NO. 1 FOR SEEKING THE DIRECTION TO [Name and address of the Telecom Company] TO PRESENT AND PROVIDE THE CALL DETAILS BOTH INCOMING AND OUTGOING [And any other information, as required] OF THE COMPLAINANT FOR THE PERIOD [Mention period here] IN RESPECT OF MOBILE NUMBER [Mention mobile number here]

MOST RESPECTFULLY SHOWETH,

1. That the Complainant’s case [Name of the Case] against the Respondent is based on absolutely false allegations and the present case is pending before this Hon’ble Court and the same is fixed for [Mention the upcoming date of hearing].

1. That the Respondent used to receive calls from [mention number] during the period [Mention period]

1. That the Respondent has strong apprehension and reason to believe that the Complainant is trying to ruin his and his family’s life and peace.

1. That the Respondent has strong apprehension and reason to believe that the Complainant has filed a false case against him in this Hon’ble Court.

1. That the preservation of data of the aforesaid mobile number [Mention Mobile number] is essential and desirable in deciding the matter in issue between the parties effectively, and for a just, fair and equitable decision, and the preservation of this data will prove beyond reasonable doubt that the Complainant has inflicted harm on the Respondent by making calls and ruining the matrimonial life of the Respondent and the preservation of this data will also disclose the actual name, address and other crucial details of the user of the aforementioned mobile number [Mention mobile number].

1. That the preservation of the Call Detail Records will give the details of the incoming and outgoing calls, the frequency of calls, the exact location of the person making incessant phone calls on the mobile number of the Respondent.

1. That according to TRAI Guidelines and UASP License, the telecom companies are required to preserve the data of the past six months of the subscriber, and the period of calls [mention period] received by the Respondent lie in that period.

1. That the Call Detail Records are a material piece of evidence and will help the Respondent bring the conduct of the Respondent before this Hon’ble Court.

1. That if the present application is rejected, it will cause grave injustice to the Respondent, though the data is readily available and is in the custody of the telecom company, and the principle of natural justice also demands that the telecom company provide the data that is asked for, for producing in this Hon’ble court.

1. That there is no alternative and efficacious remedy to this except for moving the present application.

1. That this Hon’ble court has the jurisdiction to try, entertain and adjudicate upon the present matter.

It is, therefore, most respectfully prays that this Hon’ble court may kindly be pleased to:

1. Direct the telecom service provider [Name and address of the telecom] To preserve the call details, both incoming and outgoing details of the complainant for the period [mention period] of the mobile bearing no. [mention number] and to place the same on judicial record.
2. Direct the SP, P.S. [Write the name of the P.S. in whose jurisdiction the case comes] to take the Call Detail Record of the aforementioned mobile number [Mention mobile number] for the period [Mention period].
3. Or pass any other order which the Hon’ble court deems fit in the interest of justice, equity, and good conscience.

[Name of the city]                                                Respondent

[Date] Through    

                                                                                                                                    ADVOCATE