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2023 Supreme(Ori) 208

SASHIKANTA MISHRA
Rudra Narayan Sahu – Appellant
Versus
State of Odisha – Respondent


Advocates:
M/s. Devashis Panda, A.Mehta, A. A. Mishra, D.K. Panda & S. Panda, Advocate, for the Appellant; Mr. S.N. Das, for the Respondent

JUDGMENT

Sashikanta Mishra, J.

The petitioner, who is one of the accused persons in S.T. Case No.27 of 502 of 1996 in the Court of learned 2nd Additional Sessions Judge, Bhubaneswar has filed the present application under section 482 of Cr.P.C. assailing order dated 08.02.2023 passed by the said Court in rejecting his petition to recall the I.O. of the case for further crossexamination.

2. The brief facts, relevant only for deciding the present case, are that the petitioner and three other persons are facing trial in the aforementioned case, which is a case of triple murder. As many as twenty one witnesses were examined from the side of the prosecution, out of whom P.W.-19 is the Investigating Officer. He was cross-examined and discharged way back on 15.09.1997.

3. Be it noted here that because of filing of certain applications by the co-accused persons before this Court the trial remained stayed for a long time i.e. from the year 20002022. On 27.09.2022, the present petitioner filed a petition under Section 311 of Cr.P.C. to recall P.W.-19 for further cross-examination. It was, inter alia, stated in the petition that certain questions material to the defence could not be put to P.W.-1

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