Law: Code of Criminal Procedure, 1898

Section: 94(i)

Law: Qanun-e-Shahadat Order, 1984

Section:

Summary:

The applicant challenged the trial court’s refusal to summon Call Data Records (CDRs) for defense use, arguing CDRs are crucial and may be unavailable if delayed due to limited data retention by telecom providers. The court held that under Section 94 of the Cr.P.C., a court can summon documents like CDRs at any stage of trial, emphasizing the importance of timely production to protect the accused’s right to a fair defense and confrontation of prosecution witnesses. The impugned order denying the CDR was set aside, and the trial court was directed to summon the requested CDRs.

Core Points:

• Applicant sought CDRs for cell numbers linked to the case for defense use.
• Trial court initially refused this application.
• Telecom providers retain CDR data only for 3 to 6 months, risking loss of evidence.
• Section 94 Cr.P.C. empowers courts to summon documents at any stage of trial.
• Production of CDRs aids in fair trial and cross-examination of prosecution witnesses.
• Denial of CDR on narrow ground of defense relevance only was legally incorrect.
• Precedent from Division Bench supports timely production of such records.
• Impugned order was set aside; trial court directed to summon CDRs.

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