NIRA ALIAS NIRANJAN JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this application under S. 482, Cr. P. C. assailing the order dated 19-6-2003 passed by the Asstt. Sessions Judge, Keonjhar, in s. T. No. 57/154/2000, wherein the learned trial Court by invoking its power under S. 311, cr. P. C. has directed summoning of witnesses to be examined as Court witness.

(2.) THE main plea of Sri S. P. Mishra, learned senior counsel appearing for the petitioner is that when the witnesses for both the prosecution and defence had already been examined and the hearing had been closed and the matter had been posted for judgment, it was not open for the trial Court to resort to S. 311, Cr. P. C. for summoning witnesses to be examined as Court witness. It is further plea of the petitioner that such invocation of power under S. 311, Cr. P. C. to summon the remaining witnesses at the time of preparation of the judgment, only after noting certain lacuna in the prosecution case, is improper and illegal, as the court cannot fill up the lacuna in the prosecution case by invoking the power under S. 311, Cr. P. C.

(3.) SINCE the petitioner has assailed the impugned order of the trial Court on the ground that exercise of power to summon witnesses to be examined as Court witness, after conclusion of the trial and hearing of the matter and when the same was posted for judgment, it is necessary to extract relevant portions of the impugned order which are as follows :