ARIJIT PASAYAT, J.

( 1 ) PETITIONERS call in question legality of order dated 13-12-1995, passed by learned Additional Sessions Judge, Khurda, accepting prayer made by the Public Prosecutor to issue summons to three persons who were not cited as witnesses in the charge-sheet. The learned Additional Sessions Judge accepted the prayer being of the view that a person whose statement has not been recorded under Section 161 of the Code of Criminal Procedure, 1973, (in short, 'the Code'), and has not been examined by the Investigating Officer, can be examined as witness if circumstances so warrant.

( 2 ) LEARNED counsel for petitioners submits that the application was thoroughly misconceived as it did not breathe a whisper about reasons for which examination of three persons as witnesses was relevant for the purpose of just decision in the case. According to him, lacuna in the prosecution version was being attempted to be bridged by summoning these strangers to be examined as witnesses. Learned counsel for State submits that prayer was made to examine these persons to further ends of justice, and learned Additional Sessions Judge, was justified in accepting the prayer.

( 3 ) EXAMINATIO