INDRAJIT ROY Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) Impleadment allowed.

(2.) Heard learned counsel.

(3.) Mr. Mishra appearing for the petitioner and learned ASG for the prosecution. Learned ASG has no objection to allow production of Station Diary entry No. 344 dated 14. 03.99 entered at GRPS, Bhubaneswar. The written complaint of Shri S. K Jena addressed to the Hon'ble chief justice, orissa High court which has been kept in the safe custody and the FIR lodged by the prosecutrix's father, registered as PS Case No. 119 of 1999. The prayer of the accused to get these documents to be produced is allowed in addition to all those which the High court has permitted. Learned ASG has no objection to the prayer of the accused for examining Sri Damodar naik, Jr. Sub-Inspector of Police, and accordingly we direct that the accused may examine said Sri Nayak. So far as the examination of Ms. Kakoli poddar, editor of Savvy is concerned, though learned ASG objected for the same, we permit the accused to examine her. Let it be made clear that the accused will be given only one opportunity to produce the witnesses and if he fails the attendance of the said witnesses, the trial Judge will not grant any further adjournment in the matter and Will proceed with the matter. Witnesses are to be examined at the cost of the defence. We are sure the Magistrate will grant reasonable time for getting the editor of savvy form Bombay. [4] The Special Leave Petition is disposed of accordingly.