ORDER

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

1. Heard Mr. Samir Kumar Mishra, learned counsel for the petitioner and Mr. Niranjan Moharana, learned counsel for the State Vigilance.

2. The petitioner, invoking under Section 482 of the Code of Criminal Procedure, 1973, has assailed the order dated 23.02.2021 passed under Section 311, Cr.P.C. in the proceeding under Section 7 of the Essential Commodities Act, 1955 by the learned C.J.M., Sonepur in G.R. Case No.21 of 2010 rejecting the application of the petitioner to recall the P.W.1, namely, Prabir Kumar Tripathy.

3. The brief facts of the case giving rise for filing of the instant application is that on 18.09.2018, the petitioner had filed a petition under Section 311, Cr.P.C. before the learned C.J.M., Sonepur to recall the P.W.-1 for his further crossexamination on the ground the witness Prabir Kumar Tripathy (P.W.1) informant of the case is not only a public servant but also resident of neighbouring village of the accused and previously posted at Dungripali Police Station. He knows the accused before the entangling him in this case for the reason best known to him. There are sufficient materials w