KANHU CHARAN MISHRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the appellants and learned counsel for the State.

(2.) This criminal appeal has been filed under Sec. 341 of Cr.P.C. challenging the order dtd. 31/7/2023 passed by the learned Additional Sessions Judge, Bhubaneswar in Criminal Trial Case No.50/21/113 of 2013/2010 in rejecting the petition under Sec. 340 of Cr.P.C. to conduct a preliminary enquiry regarding the false evidence adduced by P.W.2, P.W.8, P.W.9 and P.W.31, namely, Subhakanta Mishra, Santanu Kumar Hota, Dharanidhar Sahu and Harisankar Purohit respectively and initiate a criminal proceeding under Sec. 195, 120-B/34 of the Indian Penal Code. Perused the status report submitted by the learned trial Court, which indicates that after the closure of the case from the prosecution side, the accused statement has been recorded and after closure of the defence evidence, the case is now posted for argument.

(3.) Learned counsel for the appellants submitted that the evidence of the aforesaid four witnesses would itself indicate that they are, in fact, not eye witnesses to the occurrence and they have adduced false evidence before the learned trial Court and there are some material documents available on the record itself which can substantiate such aspect. Needless to say that when the case is posted for argument, if the learned defence counsel argues regarding the non-acceptability of the evidence of the aforesaid four witnesses as eye witnesses to the occurrence, the learned trial Court shall deal with the same in accordance with law. Any observation made in that respect at this stage would not be proper. Learned counsel for the appellants seeks permission to withdraw this criminal appeal.