TIKAYAT ROUTRAY AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioners have filed this application Under Sec. 482 Code of Criminal Procedure challenging the Order Dated 17.02.2009 passed by the Learned J.M.F.C., Kendrapara in G.R. Case No. 116 of 1995 rejecting the petition filed by them to recall the prosecution witnesses 1 to 5 & posting the case for accused statement.

(2.) From the records it appears that the Investigating Officer was examined on 6.8.2008 & on that date he was not cross -examined by the defence. The Learned J.M.F.C. passed an order on 3.10.2008 to recall the I.O. for cross -examination fixing the case to 3.11.2008 for evidence. The said I.O. was not present in the Court on the said date. Again he issued summons fixing the date to 26.12.2008. On 26.12.2008 the case was also adjourned. Thereafter, the case was adjourned on 2 to 3 occasions. Finally, on 17.02.2009 the Learned J.M.F.C. closed the evidence of the prosecution & posted the case to 20.02.2009 for accused statement.

(3.) Learned Counsel for the Petitioners submitted that though Petitioners filed an application Under Sec. 311 Code of Criminal Procedure to recall the I.O., the Learned J.M.F.C. rejected the said application without giving an opportunity of cross -examination. If the defence could not cross -examine the said I.O., who is the material witness, it would cause prejudice to them. Therefore, he prays to quash the said order. He has also filed a questionnaire to cross -examination the I.O. regarding seizure & contradictions of facts which is necessary for just decision of the case.