Fair trial under Section 91 CrPC extends to third-party call records needed for effective defence and cross-examination.

Section 91 CrPC permits summons for material that is necessary or desirable for a fair trial and effective defence, including third-party call detail records where they are relevant to cross-examination and the defence case. The request cannot be rejected mechanically merely because related records of another witness are already on record or because of an inconsistent approach in similar applications. The court emphasised that relevance to the real controversy and the need for effective testing of witness evidence must be examined before refusal. The rejection order was set aside, and the records were directed to be preserved and produced.

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Issues: Whether the call detail records of a third party could be summoned under Section 91 of the Code of Criminal Procedure, 1973 for effective cross-examination and preparation of defence during trial.

Analysis: The application was moved at the stage of cross-examination of a star witness and the record sought was asserted to be relevant to test the witness's evidence and to establish the alleged communication chain relevant to the defence. The Court held that the power under Section 91 is wide and may be exercised when production of a document is necessary or desirable for the purposes of trial. A criminal trial must secure a fair and effective opportunity of defence, and the request could not be rejected mechanically merely because some related call records of another witness were already on record. The Court also noted that the trial court had adopted an inconsistent approach by allowing similar applications in respect of other witnesses.

Conclusion: The impugned order rejecting the application was unsustainable and was set aside. The application for summoning the call detail records was allowed and the trial court was directed to ensure preservation and production of the records.

Ratio Decidendi: Section 91 of the Code of Criminal Procedure, 1973 may be invoked to summon material necessary or desirable for a fair trial and effective defence, and such a request cannot be refused in a mechanical manner without examining its relevance to the real controversy.

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