Case brief
What is this about?
CRLMC No.473 of 2025, High Court of Orissa at Cuttack, Justice Sibo Sankar Mishra, order dated 02.04.2025 — Baman Behera v. State of Odisha. Section 311 CrPC recall of witnesses for further cross-examination in S.T. Case No.54 of 2022 (murder, S.302 IPC), Additional Sessions Judge, Anandapur; earlier rejection dated 27.09.2024 partly set aside; further cross-examination of P.W.1 (informant) and P.W.3 (independent witness) permitted on a fixed date, single opportunity only, subject to lapse if unused; P.Ws. 2 & 10 denied recall; relevancy of questionnaires for trial Court to assess; CRLMC partly allowed.
What did the court decide?
Section 311 Cr.P.C. application allowed vis-à-vis P.Ws. 1 & 3 only; trial Court to fix a particular date for their further cross-examination, granting a single opportunity, failing which no further cross-examination of P.Ws. 1 & 3; recall of P.Ws. 2 & 10 not conceded.