KALI @ RADHAKANTA DAS ADHIKARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter was listed at item No.168 of this week s weekly list and on the prayer of Mr. M. Chand, learned counsel for the petitioner, the matter was taken up out of turn today on account of urgency, on the consent of the learned counsel for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed by the petitioner seeking to challenge the order dated 09.07.2012 passed in S.T. Case No.30/157 of 1995, whereby, the learned Additional Sessions Judge, Balasore has been pleased to reject a petition filed by him under Section 243 (read with Section 233(3) read with Section 311 Cr.P.C.) for issuance of summons to five witnesses named in the said petition. In course of hearing, Mr. Chand, learned counsel for the petitioner placed a copy of the above said petition before this Court for perusal and the same is taken on record.

(3.) Mr. Chand, learned counsel for the petitioner submits that no opportunity was ever afforded to the accused-petitioner to lead any defence evidence and for the first time the defence sought to adduce evidence and for such purpose, a petition came to be filed, as referred hereinabove. He further submits that, rejection of the said petition amounts to denying the accused with an adequate effective means of defending himself, which an accused is entitled to in law.