NIRANJAN PATRA Vs. C J M CUTTACK

JUDGEMENT

(1.) Criminal Misc. Case No. 3084 of 1998 has been filed with the prayer to set aside the order dated 12-5-1998 which was passed in rejecting the petition under Section 311 of the Criminal Procedure Code, 1973 (in short, 'the Code') filed by the petitioners to recall P. W. 7 Kedar Ch. Jena, A. S. I. of Police for cross-examination in S. T. Case No. 106 of 1997 of the Court of C. J. M.-cum-Assistant Sessions Judge, Cuttack. Criminal Misc. Case No. 3085 of 1998 under Section 482 of the Code has been filed to set aside the other part of the aforesaid order dated 12-5-1998 in which petitioners prayer to recall witnesses and to call for the records of S. T. Case Nos. 509 of 1995 and 247 of 1995 was rejected.

(2.) Criminal Misc. Case No. 3084/98 relates to rejection of the petition dated 6-2-1998 (Annexure-1 in that Misc. case). Similarly, Criminal Misc. Case No. 3085/98 relates to rejection of the petition dated 18-12-1997.

(3.) It appears from the impugned common order dated 12-5-1998 that petition dated 10-12-97, filed by the petitioner, was rejected precisely on the grounds viz., (i) petitioners have not disclosed the purpose for which further cross-examination is necessary and on which aspect; and (ii) steps taken by the petitioner to recall P. W. 7 for further cross-examination is belated though there is no justification for the same inasmuch as the sale P. W. 7 was examined as a witness in two previous S. T. Cases about six months before his examination in the present sessions case and he was examined, cross-examined, re-examined and further cross-examined, but the defence did not show any anxiety to confront any statement to him. Petition dated 6-2-98 has also been rejected on the self same grounds, as noted above.