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By allowing production of documents directly pertinent to the issues in dispute, the Court ensured the wife’s access to necessary evidence, while avoiding unnecessary intrusion into unrelated financial matters. Such a calibrated approach aligns with the principle of proportionality and prevents the discovery process from becoming a fishing expedition.
The CCTV footage exhibited before the Court does not clearly reveal the shooter’s identity. Moreover, the forensic analysis of the CCTV footage and the Call Detail Records analysis of the accused’s mobile phone is still pending. Therefore, the Court refrains from drawing any conclusions at this stage.
Since the Call Detail Records and location data have only been ordered to be preserved and not disclosed, there is no basis for the petitioner’s apprehension that this would provide an undue advantage to the defence. The direction simply ensures that potentially relevant evidence is not lost due to automatic deletion.