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A.S.NAIDU
Dara Singh @ Rabindra Kumar Pals – Appellant
Versus
Republic of India – Respondent


Counsel for the parties:
For the Petitioners:M/s. B.R. Mohanty, B.K. Raj & A.K. Barik, Advocates;
For the Opp. Party:M/s. S.K. Padhi & Goutam Misra, Advocates.

ORDER

A,S. Naidu, J. - This matter was listed for admission today, but with consent of learned counsel for both sides it was finally heard and Is disposed of by this Judgment.

2. The petitioners who are accused in S.T. Nos. 161 of 1999 and 53 of 2000 pending. in the court of the learned Sessions Judge. Khurda, Bhubaneswar have filed this Criminal Misc. Case invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short 'CrPC'). The sole grievance of the petitioners is that their application filed under Section 311 CrPC has been illegally rejected by the learned Sessions Judge.

3. Admittedly. on 14-2-2003 a petition was filed on behalf of the petitioners under. Section 311 CrPC to recall P.Ws. 2. 3. 5. 6. 10. 13. 14.and 15. Another petition was also filed to recall P.Ws, 16. 19. 23. 26. 33. 39. 40 and 43 for further cross-examination. The learned Sessions Judge rejected the said petitions on 15-3-2003. The said order of the Sessions Judge dated 15-3-2003 was impugned before this Court in Criminal Misc. Case No. 391 of 2003 which has disposed of by this Court on 27-2-2003 with the following direction :

"1. The petitioners shall be at l

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