JUDGMENT :

S.K. SAHOO, J.

1. Heard Mr. Prasanna Kumar Mishra, learned counsel for the petitioners and Mr. Prem Kumar Patnaik, learned counsel for the State.

2. In this application under section 482 of Cr.P.C., the petitioners who are the accused persons in S.C. No.16 of 2003 (S.C. No.419 of 2003 GDC) pending in the Court learned Additional Sessions Judge, Parlakhemundi have challenged the impugned order dated 26.08.2004 passed by the learned trial Court in rejecting their petition filed to issue summons to the Secretary, Home Department, Secretariat, Orissa, Bhubaneswar to produce the statement of the investigating officer recorded by the Hon’ble Justice K.C. Jagdev Roy Commission relating to Ranalai incident for confronting it to him in the interest of justice.

3. The first information report in this case was lodged by one Laxman Patra before the R. Udayagiri police station, on the basis of which R. Udayagiri P.S. Case No.12 of 1999 was registered under sections 147, 148, 323, 436 read with section 149 of the Indian Penal Code and section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter ‘1989 Act’) and after submission of charge sheet, the