VidhiSangh

Supreme Court of India · 08/08/2022

VARSHA GARG versus THE STATE OF MADHYA PRADESH & ORS.

[2022] 13 S.C.R. 150 · 2022 INSC 807

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Summary

In the trial for the murder of an advocate in Mhow, the prosecution applied under Section 311 CrPC to summon cellular companies' officers with the decoding registers. These would decode tower locations in call records already in evidence. The trial court rejected the application and closed the prosecution evidence the same day, and the Madhya Pradesh High Court affirmed. The Court held that the bar in Section 301 CrPC did not stop the victim's widow from appealing, since the State itself had made the application. Section 311's first part is discretionary, but its second part obliges the court to summon a witness whose evidence is essential to a just decision, at any stage and even after evidence closes. The registers were essential and the application predated closure of evidence. The appeal was allowed and the trial directed to conclude by 31 October 2022.

Issues

  1. Whether the victim's spouse could pursue the challenge, given the limits on private participation in Section 301 CrPC.
  2. Whether the courts below rightly refused, under Sections 311 and 91 CrPC, to summon cellular company officers with decoding registers needed to read coded tower locations, on the grounds that the registers were not part of the charge-sheet, the evidence was closed and the application was belated.

Provisions considered

Held

Result

Appeal allowed. The orders of the High Court and trial court are set aside and the prosecution's application to produce the decoding registers through the companies' witnesses is allowed. The trial is to conclude by 31 October 2022, and one accused's interim medical bail is extended to that date.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 150.