PASAYAT, J.

( 1 ) PETITIONER challenges order passed by learned Special Judge, Dhenkanal rejecting his prayer to issue summons to six persons, who, according to him, are material witnesses. Prayer was made in terms of Section 311 of the Code of Criminal Procedure, 1973 (in short, the 'cr. P. C. ' ). Prayer appears to have been rejected on the ground that sufficient opportunity was granted to the petitioner. It is petitioner's case that adjournments were not earlier granted for the purpose of securing presence of the witnesses named in the petition dt. 30-6-1994.

( 2 ) SECTION 311, Cr. P. C. reads as follows:"311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness or examine any person in attendance, though not summoned as a witness or recall and re-examine any person already examined, and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. "the Section is manifestly in two parts. Whereas the word used in the first part is "may", the second part uses "s