JAGADISH KUMAR MUNI Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present case, the petitioner is the son of the deceased. The F.I.R. in Gosaninuagaon P.S. Case No.87 of 2020 corresponding to G.R. Case No.980 of 2020 was registered against the accused persons. At the investigation stage, the petitioner being aggrieved by the manner in which the local police were investigating into the offences filed CRLMP No.1472 of 2023 before this Court. The coordinate Bench of this Court vide order dtd. 27/9/2023 by a detailed judgment refused to transfer the investigation to the C.B.I. and directed the State Investigating Agency to continue with the further investigation, taking into account the concern of the petitioner and file the charge sheet.

(2.) The State police filed the charge sheet and the accused persons were put to trial. When the trial was going on, the accused moved an application under Sec. 311 Cr.P.C. seeking recall of P.W.18 vide application dtd. 15/11/2023. The accused in the said application proposed five questions to be put to P.W.18. The five questions read as under:

(3.) The prosecution vehemently opposed the application. The objections have also been recorded in the impugned order. However, the application under Sec. 311 Cr.P.C. was allowed by recording the fact that P.W.18 was examined and cross-examined in detail and he had also deposed under Sec. 164 Cr.P.C. which is marked as Ext.P-31.