Code of Criminal Procedure, 1973–Sec. 173(8)–Application for placing the call details of some mobile numbers and certificate issued by the nodal officer of service provider and to examine the witnesses–Dismissed–Justification–Court below was swayed with the point of delay–It was under a duty to see that no lacuna is left in the case on account of the negligence of a party before it–Further, the defence plea that the defence of accused has been closed and they would be prejudiced, if the additional evidence is allowed, is found misconceived as the defence has the right to cross-examine the witness–Impugned order quashed and set aside and prosecution is allowed to file the certified copies of call details.
