(1.) HEARD Mr. S.K. Sahoo, Learned Counsel for the Petitioner and Mr. SK Padhi, Learned Senior Standing Counsel for the C.B.I.
(2.) THE Petitioner is facing trial in T.R. Case No. 5 of 2003 before the Special Judge, Bhaubneswar. He field a petition under Section 311 of Code of Criminal Procedure on 31.10.2006 to recall P.W.3 who had already been examined on 16.3.2006 for further cross -examination, on the ground that some important documents could not be confronted to him during his earlier examination. The petition was rejected on 2.11.2006 on the ground that the belated plea of the defence appeared to be an after thought and allowing such application would not only cause prejudice to the prosecution, but also other witnesses might be required to be recalled. This order is under challenge in this CRLMC.
(3.) ACCORDINGLY the impugned Order Dated 2.11.2006 is hereby quashed and the Crl. MC is allowed. It is made clear that no question beyond the questionnaire given in the petition under Section 311 of Code of Criminal Procedure shall be allowed to be put to P.W.3. Further it is clarified that I do not express any opinion regarding the genuineness or otherwise of the Station Diary entry or the other documents.