LINGRAJ PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Tripathy, learned counsel for the petitioner and Mr. Pani, learned counsel for the Vigilance Department.

(2.) In the present application under Section 482 Cr.P.C, the petitioner has sought to chal-lenge the order dated 4.3.2011 passed by the learned Special Judge, Vigilance, Bhubaneswar in T.R, Case No.72 of 1997 rejecting the peti-tion filed by the defence counsel praying to di-rect the prosecution to secure the attendance of PW11 or in alternative expunge evidence of the said witness.

(3.) Mr. Tripathy, learned counsel for the peti-tioner submits that by the order dated 7.2.2011, a petition filed by the defence to recall PWs 10 and 11 for further cross-examination was al-lowed subject to deposit of Rs.250 towards the witness cost. On 28.2.2011, PW10 Akhil Kr. Panda was present and was duly cross-exam-ined. But so far as PW11 is concerned, by a later order dated 28.2.2011, on the prayer of the learned Special P.P. for Vigilance, direction was issued for issue of B.W. of Rs. 1,000 against PW11 to secure his attendance.