BINOD BIHARI MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) ORDER :- Accused No. 3 is the petitioner in this Criminal Revision.

(2.) Accused persons were committed for their trial in the court of Sessions under Ss.307 and 364/34, I.P.C. They have been released on bail. Session case has been transferred to the Court of Additional Sessions Judge for trial.

(3.) Mr. N. Misra, Advocate was representing the petitioner and moved his application for bail. Later, Investigating Officer recorded his statement under S.161, Cr. P.C. and cited him as a witness in the charge-sheet. On the charge-sheet being filed Mr. N. Misra refused to accept the brief to defend the accused person expressing that he would be willing to defend the accused persons, if he is not examined as a witness. Accordingly, a petition was filed through their Advocate Mr. G.D. Nanda on 2-8-1988 to allow the accused persons to engage Mr. N. Misra, Advocate and not to examine him as a witness him as a witness. When the application was to be taken up for consideration on 3-8-1988, Mr. Nanda endorsed no instruction and did not move the petition. Accordingly, learned Addition of Sessions Judge rejected the petition as not moved and engaged a counsel for defending accused person including petitioner at State expense. Being aggrieved by the order, this revision application has been filed.