Pradeep Santi v. State of Odisha(Vig.)
Case brief
What is this about?
Petitioner, an accused in a vigilance case, filed a Section 482 application seeking quashing of an order rejecting his Section 311 petition to summon a witness at the argument stage. The court held there was no compelling necessity to summon the witness as his evidence was not vital for a just decision.
What did the court decide?
Application under Section 482 Cr.P.C. to quash the order rejecting Section 311 petition is dismissed.
What the court decided
ORISSA HIGH COURT: CUTTACK
CRLMC No. 1571 of 2021
An application under section 482 of the Code of Criminal Procedure, 1973 in connection with V.G.R. Case no.6 of 2014 pending on the file of learned Special Judge (Vigilance), Keonjhar.
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Pradeep Santi ..… Petitioner
-Versus-
State of Odisha (Vigilance) ….. Opp. Party
For Petitioner : M/s. D.K. Mohanty and
P.R. Behera, Advocates
For Opp. Party: Mr. N. Maharana,
Addl. Standing Counsel for Vigilance.
P R E S E N T:
THE HONOURABLE MR. JUSTICE SASHIKANTA MISHRA
Date of hearing: 26.10.2021 :: Date of Order: 03.11.2021
SASHIKANTA MISHRA, J. The petitioner has filed this
application under Section 482 Cr.P.C. seeking to quash the order dated 03.09.2021 (Annexure-3) passed by the
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learned Special Judge (Vigilance), Keonjhar in V.G.R. No. 6 of 2014, whereby his prayer for summoning a person as witness was rejected.
- Bereft of unnecessary details, the facts of the case are that the petitioner is an accused in the above mentioned case registered on the basis of an FIR lodged by one Antaryami Sahoo before the Vigilance P.S., Balasore on 26.05.2014. After closure of evidence from the side of prosecution as well as defence when the matter was posted for hearing of arguments, the petitioner filed a petition on 03.09.2021 (Annexure-2) under Section 311 of Cr.P.C. with prayer to summon one Kamal Lochan Mohanty, working as Executive Engineer at Anandapur Electrical Division, to adduce evidence in the case. The said petition was rejected vide order dated 03.09.2021, which is impugned in the present application.
Issues for consideration
1 issue framed by the court
Whether the High Court can quash the order rejecting a petition under Section 311 Cr.P.C. seeking to summon a witness at the stage of hearing arguments.,
Parties & counsel
- petitioner
Pradeep Santi
- respondent
State of Odisha (Vigilance)
Coram
Sashikanta Mishra
Case details
As recorded by the court registry
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