RATNAKAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate.

(2.) IN CRLMC 594 of 2009 order dated 19.12.2008 passed by the learned Adhoc Addl. Sessions Judge (FTC), Balasore dispensing with charge sheet witnesses 10, 18, 22, 23, 24, 25, 26, 27, 28, 29, 31 and 32 is impugned. Out of them A.P.P. had declined to examine other witnesses except the Medical Officer, charge sheet witness no.32 and the Investigating Officer. However, learned trial court dispensed with examination of the Medical Officer also vide order dated 19.12.2008. Subsequent order dated 2.1.2009 dispensing with examination of the Investigating Officer is impugned in CRLMC No.687 of 2010. Both the CRLMCs have been filed not by the State, but by the informant (Shri Ratnakar Sahu).

(3.) IT is submitted by learned counsel for the petitioner (Informant) that the trial having involved a case of dowry death, it was not proper on the part of the learned trial court to dispense with the evidence of the medical officer and the Investigating Officer, vide order dated 19.12.2008 and order dated 2.1.2009 respectively. It is further submitted by learned counsel for the petitioner that there is no provision in the Cr.P.C. giving power to a trial court to dispense with the examination of a witness shown in the charge sheet unless he is declined by the prosecution.