ORDER

1. The petitioner has challenged the order dated 07.12.2021 passed in T.R. No. 43 of 2001 by the learned Special Judge (Vigilance), Bhubaneswar rejecting his application filed under Section 311 Cr.P.C., for recalling the witnesses i.e. P.W. 5, P.W.25 and P.W. 32 for their cross-examination.

2. The petitioner is facing trial for a case under Section 13 (2) read with Section 13 (1) (e) of the Prevention of Corruption Act and after prosecution evidence had been closed and the case was posted for examination of the accused under Section 313 Cr.P.C., the application under Section 311 Crl.P.C was filed on behalf of the accused praying to recall P.W.5, P.W. 25 and P.W.32 stating that some questions relating to the assets of the petitioner could not be put to these witnesses.

3. Mr. S. Panigrahi, learned counsel appearing on behalf of Mr. Deba Prasad Das, learned counsel for the petitioner places reliance on the decision of the Hon'ble Apex Court in the case of Rajaram Prasad Yadav vrs. State of Bihar & Anr reported in AIR 2013 SC 3081 and submits that power under Section 311 Cr.P.C. can be exercised by the Court at any stage if it appears to the Court that it is essential for a just d