ORDER :

1. Heard Mr. N. Behuria, learned counsel for the Petitioner and Mr. S. Nayak, learned counsel for the Republic of India (CBI).

2. By means of this application, the Petitioner seeks indulgence of this Court challenging the order dated 03.08.2023 passed by the learned C.J.M. (CBI), Bhubaneswar in SPE Case No.03 of 2004, wherein the learned Court has rejected the petition filed by the Petitioner under section 311, Cr.P.C., praying to recall P.Ws.8 and 19 for further cross-examination.

3. The background facts of the case are that, the Petitioner is facing trial for the offence under Sections120-B/420/471, I.P.C. pursuant to the F.I.R. lodged vide Chauliaganj P.S. Case No.164 of 1999. While the matter was in seisin before the Court and witnesses were examined, despite several opportunities given to the Petitioner, he did not avail the same to cross-examine the witnesses.

4. It is submitted by the learned counsel for the Petitioner that the Petitioner has been cooperating with the Court during the trial and as many as 22 witnesses have been examined so far. However, two witnesses, i.e. P.Ws.8 and 19, whom the Petitioner seeks to recall and cross-examine, are necessary for the interes