Code of Criminal Procedure, 1973–Sec. 311–Dismissal of application with the view that the document sought to be summoned was not the part of investigation, and it was not obtained during the investigation–View of High Court that the application was filed after the prosecution had closed the evidence–Decoding registers are a relevant piece of evidence to establish the co-relationship between the location of the accused and the cell phone tower–
Summoning of register was essential for the just decision of the case–Right of the accused to a fair trial is not prejudiced–Closure of evidence of the prosecution took place after the application u/s. 311 was dismissed–Application deserves to be allowed.
