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2006 Supreme(Ori) 755

L.MOHAPATRA
Thomas Kujur – Appellant
Versus
Republic of India – Respondent


Advocates:
For Petitioner:Mr. S. Swain
For Opp.Party:Mr. S. K. Padhi (C.B.I.)

JUDGMENT

L. MOHAPATRA, J. : This application under Section 482 Cr.P.C. is directed against the order dated 14.11.2002 passed by the Special Judge, C.B.I., Bhubaneswar in T.R. No.26 of 2002 rejecting the application to recall P.Ws.1 to 11 for further cross-examination.

2. On 14.11.2002, an application was filed by the learned counsel appearing for the petitioner before the trial Court to recall the P.Ws.1 to 11 for further cross-examination on the ground that the said witnesses have not been cross-examined on fact as well as legal aspect. According to the learned counsel for the petitioner further cross-examination of the said witnesses is required for a fair trial and to ensure justice. The effective adjudication of the case can only be made if the said witnesses are recalled for further cross-examination.

3. The aforesaid petition was opposed by the C.B.I. Shri S. K. Padhi, the learned Senior Counsel appearing for the C.B.I. submitted that these witnesses were examined in between 2003 to 2006 and at no point of time, effort was made by the learned counsel appearing for the petitioner to recall the said witnesses for cross-examination. It was submitted by Shri Padhi, the learned Se





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