RUDRA NARAYAN SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who is one of the accused persons in S.T. Case No.27 of 502 of 1996 in the Court of learned 2nd Additional Sessions Judge, Bhubaneswar has filed the present application under sec. 482 of Cr.P.C. assailing order dtd. 8/2/2023 passed by the said Court in rejecting his petition to recall the I.O. of the case for further crossexamination.

(2.) The brief facts, relevant only for deciding the present case, are that the petitioner and three other persons are facing trial in the aforementioned case, which is a case of triple murder. As many as twenty one witnesses were examined from the side of the prosecution, out of whom P.W.-19 is the Investigating Officer. He was cross-examined and discharged way back on 15/9/1997.

(3.) Be it noted here that because of filing of certain applications by the co-accused persons before this Court the trial remained stayed for a long time i.e. from the year 2000- 2022. On 27/9/2022, the present petitioner filed a petition under Sec. 311 of Cr.P.C. to recall P.W.-19 for further cross-examination. It was, inter alia, stated in the petition that certain questions material to the defence could not be put to P.W.-19 as the lawyer, who was representing the petitioner was ill.