THOMAS KUJUR Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is directed against the order dated 14.11.2006 passed by the Special Judge, C.B.I., Bhubaneswar in T.R. No. 24 of 2002 rejecting the application to recall P. Ws. 1 to 11 for further cross-examination.

(2.) On 14.11.2006 P. W. 12 was examined. On the said date an application was filed by the learned counsel appearing for the petitioner before the trial Court to recall the P.Ws. 1 to 11 for further cross-examination on the ground that the said witnesses have not been cross-examined on fact as well as legal aspect. According to the learned counsel for the petitioner further cross-examination of the said witnesses is required for a fair trial and to ensure justice. The effective adjudication of the case can only be made if the said witnesses are recalled for further cross-examination.

(3.) The aforesaid petition was opposed by the CBI Shri S.K. Padhi, the learned Senior Counsel appearing for the CBI submitted that these witnesses were examined in between 2003 to 2006 and at no point of time, effort was made by the learned counsel appearing for the petitioner to recall the said witnesses for cross-examination. It was submitted by Shri Padhi, the learned Senior Counsel appearing for the CBI that with the change of lawyer on behalf of the petitioner, the witnesses should not be recalled for further cross-examination, unless the petitioner makes out a case deserving an order for recalling the witnesses for further cross-examination.