PAWAN KUMAR DHANUKA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. Samir Kumar Mishra, learned counsel for the petitioner and Mr. Niranjan Moharana, learned counsel for the State Vigilance.

(2.) The petitioner, invoking under Sec. 482 of the Code of Criminal Procedure, 1973, has assailed the order dtd. 23/2/2021 passed under Sec. 311, Cr.P.C. in the proceeding under Sec. 7 of the Essential Commodities Act, 1955 by the learned C.J.M., Sonepur in G.R. Case No.21 of 2010 rejecting the application of the petitioner to recall the P.W.1, namely, Prabir Kumar Tripathy.

(3.) The brief facts of the case giving rise for filing of the instant application is that on 18/9/2018, the petitioner had filed a petition under Sec. 311, Cr.P.C. before the learned C.J.M., Sonepur to recall the P.W.-1 for his further crossexamination on the ground the witness Prabir Kumar Tripathy (P.W.1) informant of the case is not only a public servant but also resident of neighbouring village of the accused and previously posted at Dungripali Police Station. He knows the accused before the entangling him in this case for the reason best known to him. There are sufficient materials with the defense to satisfy the Court that the witness has adopted suppresio very and suggestion falsi in prosecuting the accused in this case. The contention of the petitioner is that while the P.W.1 claims his presence in the alleged premises with the