BHABANI PANDEY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The limited grievance in this petition is that the trial Court has rejected the prayer of the Petitioner to recall four of the witnesses for re-examination. The Petitioners are facing trial under Sec. 302 IPC. What the said witnesses might say when they appear in the Court for deposing could not have been anticipated by the trial Court as has been done in the impugned order. This Court is of the view that given the gravity of the offence, a chance ought to have been given to the Petitioner to summon the said witnesses through the Court process.

(2.) Accordingly, the impugned order dtd. 16/10/2017 is hereby set aside. The four witnesses to whom summons were sought to be issued by the Petitioner will now be summoned by the trial Court.

(3.) For this purpose, the matter will now be listed before the trial Court on 15/12/2022. The interim order is vacated.