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1993 Supreme(Ori) 18

S.C.MOHAPATRA
CHANDRASEKHAR MOHANTY – Appellant
Versus
STATE – Respondent


Advocates Appeared:
P.Ch.Das, R.N.ACHARYA, Satyabadi Das

S. C. MOHAPATRA, J.


( 1 ) ACCUSED persons are petitioners in this revision against order of summoning witnesses named in the supplementary charge-sheet.

( 2 ) ON information by P. W. 1 on 26-4-1990 against petitioners, they were charge-sheeted after investigation to be tried for offences under Ss. 147/148/430/436/294/506 Indian Penal Code. Petitioners were committed to Court of Session for facing trial in respect of offences under Ss. 436/437 and 147 Indian Penal Code. When the Investigating Officer was being examined as P. W. 11, learned Associate Public Prosecutor filed an application praying to summon two witnesses in exercise of power under S. 311, Cr. P. C. Subsequently another application was filed by learned Associate Public Prosecutor to summon another two witnesses. Learned trial Judge refused to summon those witnesses on objection of the accused persons. Thereafter an additional charge-sheet was filed before the learned Magistrate under S. 173 (8), Cr. P. C. Learned Magistrate forwarded the additional charge-sheet to the Sessions Court where those four persons have been named as witnesses. Learned Assistant Sessions Judge on receipt of the additional charge-sheet directe

















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