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1999 Supreme(Ori) 96

P.K.PATRA, P.K.MISRA
INDRAJEET ROY – Appellant
Versus
REPUBLIC OF INDIA – Respondent


Advocates Appeared:
B.K.NAYAK, S.C.LAL, S.Lal, SANJIT MOHANTY

P. S. MISRA, J.

( 1 ) THE accused in a pending trial has filed this writ application against the order passed by the Sessions Judge, Khurda at Bhubaneswar, in Criminal Revision No. 39 of 1999 which had been filed against the order of the trial Court rejecting the application of the present petitioner for recalling prosecution witness for further cross-examination.

( 2 ) THE petitioner is facing trial in the Court of the C. J. M.-cum-Assistant Sessions Judge, Khurda at Bhubaneswar, in S. T. Case No. 36/5 of 1998 on the allegations that he has committed offences under Sections 354, 376/511, Indian Penal Code. Initially, the case had been registered in Cantonment Police Station and was being investigated by the Investigating Officer thereof. Subsequently, on the basis of a direction of the High Court, the investigation of the case was handed over to the C. B. I. and after further investigation, charge-sheet having been filed by the C. B. I. , the case is now being tried by the trial Court. After the examination and cross-examination of P. W. 4 were over and while some other prosecution witnesses were being examined, the petitioner filed an application before the trial Court for reca















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