Dismissed

Shakti Shankar Mohanty v. State of Odisha

Orissa HC6 Mar 2023CRLMC/1130/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a CRLMC petition aggrieved against an order rejecting a plea to recall prosecution witnesses. The court upheld the lower court's view that fair trial does not mandate routine recall of witnesses and that proposed questions were suitable for arguments.

What did the court decide?

CRLMC dismissed with liberty to put forth arguments on purposed questions after specific date fixed by lower court.

Shakti Shankar Mohanty Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLRMC No. 1130 of 2023

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… Shakti Shankar Mohanty & Anr

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Petitioners

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Mr. M. Khatua, Advocate

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-Versus -

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State of Odisha & Anr

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…. Opposite Parties Additional Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER

06.03.2023

Order No.

01.

This matter is taken up through hybrid mode.

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The petitioners are aggrieved by order dated 09.02.2003 passed by the Learned J.M.F.C-II, Bhubaneswar 2.(C) C.C. Case No. 07 of 2016 whereby the petition filed by them to recall the prosecution witnesses for further cross-examination was rejected.

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The facts of the case are that the petitioners are facing trial in the aforementioned case which has been registered under Sections 23 & 25 of P.C. and P.N.D.T. Act. It appears that six witnesses were examined by the prosecution.

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It is submitted that some of the witnesses were not crossexamined at all, while some were not properly cross-examined by the then defence counsel. As a result, the parties engaged a new counsel who filed a petition under Section 311 of Cr.P.C. with prayer to recall the witnesses for further cross-examination mentioning the questions purposed to be put to the said witnesses. The Court below passed a detailed order indicating that sufficient opportunities to cross-examine the witnesses had been granted at

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the relevant time but the defence did not avail such opportunity. The Court below also took note of the settled position of law that while guaranting fair trial to the accused is a must yet witnesses can not be allowed to be routinely recalled and that too, on the ground that the cross-examination was not properly done by the conducting counsel

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After going through the impugned order this Court finds the same to be well reasoned and hence, does not find any reason to interfere. Furthermore, a perusal of the copy of the petition enclosed to the CRLMC petition as Annexure-1 reveals that six questions were intended to be put to the witnesses on record. A reading of the said questions reveals that the same are such as can be raised from the side of the defence at the time of arguments. Be it noted here that it is for the prosecution to prove its case and not for the defence to disprove it.

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Considering the above facts, while confirming the impugned order, the CRLMC is disposed of granting liberty to the petitioners to put forth their arguments on matters relating to the purposed questions. Since it is submitted that arguments has already been heard in the matter but judgment is yet to be pronounced, the Court below is directed to grant one opportunity to the parties to put forth further arguments by fixing a specific date. No further adjournment shall be granted for the purpose.

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CRLMC is disposed of accordingly.

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( Sashikanta Mishra ) Judge

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Shakti Shankar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Shakti Shankar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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