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Supreme Court of India 2022-08-08 allowed

Varsha Garg vs The State of Madhya Pradesh & Ors

Bench: 2 — Dhananjaya Y Chandrachud, AS Bopanna

In Brief

The appellant challenged a High Court order rejecting her petition to summon nodal officers of cellular companies and produce decoding registers—evidence needed to interpret location codes in call detail records in a 2015 murder trial. The Supreme Court held that Section 311 CrPC empowers courts to summon essential witnesses at any trial stage, even after evidence closes, if necessary for just decision. The bar in Section 301 CrPC does not apply where the State filed the application. Decoding registers, though not in the formal charge-sheet, are vital to fairly assess existing evidence. The appeal was allowed, directing the trial court to conclude proceedings by October 2022.

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Criminal Procedure Evidence Law Criminal Appeal Trial Procedure Witness Examination Justice Administration Fair Trial Constitutional Law

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