RABINARAYAN ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present application under Section 482 Cr.P.C. has been filed by the petitioner-Rabinarayan Acharya, who has sought to challenge the order dated 25.11.2009 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No.240 of 2008, by which order the application filed by the petitioner for recall of witness-Tusar Kanta Mohapatra for further examination during course of enquiry under Section 202 Cr.P.C. has been rejected.

(2.) MR. R.C. Sarangi, learned counsel for the petitioner submitted that the learned court below has committed a grave illegality by not permitting the counsel for the petitioner to participate in the proceeding during course of the enquiry under Section-202 Cr.P.C. He asserted that, there is no law which prevents participation of the complainant in the proceeding and the learned S.D.J.M., Bhubaneswar committed the same mistake as that of his predecessor, by rejecting the petition under Section 311 Cr.P.C. He further asserted that undisputedly an enquiry under Section 202 Cr.P.C. is made by the Magistrate for its own satisfaction, but it does not mean that a Magistrate can ignore the material aspect of the case so as to subsequently come to a conclusion that materials do not satisfy him to issue process.