LAWS(ORI)-2006-9-7

PARSURAM PATRA Vs. STATE

Decided On September 12, 2006
Parsuram Patra Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THOUGH this matter has been listed for admission, on the consent of the learned Counsel for the parties, the same is taken up for final disposal.

(2.) THIS revision is directed against the order dated 27.6.2005 passed by the learned Addl. Sessions Judge, Fast Track Court, Baripada in S.T. No. 8/152 of 2004 rejecting the petition filed by the petitioner under Section 311, Cr.P.C. to recall the chemical examiner for cross -examination in connection with his report Ext.9.

(3.) MR . A. K. Mishra, learned Addl. Government Advocate appearing for the State counter argues that the report of the chemical examiner having been accepted without objection under Section 293, Cr.P.C, there was hardly any scope for the trial Court to allow the prayer of the petitioner to summon the chemical examiner for cross -examination. He supports the impugned order.