Rajesh Kumar Sethi v. State of Odisha

CRLMC No.701 of 2020

03. 19.11.2020

This matter is taken up through video conferencing.

Heard learned counsel for the petitioner as well as learned

counsel for the State-opposite party.

The petitioner has filed the present petition praying to permit him to recall P.W.20 (I.O.) in Crl. Trial No.29/151 of 2010 pending in the court of learned Addl. Sessions Judge, Bhubaneswar.

It is submitted by learned counsel for the petitioner that he could not cross-examine the I.O.-P.W.20 on the date fixed, i.e., 19.12.2018, 14.3.2019 and 25.7.2019 as he suffered from an accident and his prayer for time was rejected by the learned trial judge discharging the witness without cross-examination of the witness at all. It is also submitted that the petitioner-accused has suffered with loss of his substantial right of cross-examination.

Considering the limited nature of grievance, the criminal misc. case is disposed of with a direction that in case the petitioner files a fresh petition within a period of fifteen days from today before the learned trial judge praying to recall P.W.20, learned trial court shall recall the said P.W.20 permitting the accused-petitioner to cross-examine him on the date fixed. It is made clear that in case the petitioner fails to crossexamine the said P.W.20 on the date fixed, no more opportunity shall be granted to the petitioner for his cross-examination and the witness be discharged.