Himansu Sekhar Samantary & Ors. v. State of Odisha (VIG.)

Mr. Srimanta Das, Sr. Standing Counsel (Vigilance Department) CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No.

ORDER 31.07.2025

This is an Appeal under section 17 of the Heard learned counsel for the Parties.

In this Appeal, the Petitioners/Appellants seek challenge the order dated 28.05.2025 passed by the learned Authorized Officer, Special Court, Bhubaneswar, wherein the prayer of the Appellant to recall the witness i.e. P.W.3 under Section 311 Cr.P.C. has been declined.

Mr. Mund, learned counsel for the Appellant, submits that on the date fixed for the cross-examination, the witness, though was present, the advocate for the Appellant got little late, despite the submission was made to proceed with the cross-examination as the witness was present, for the reasons best known, the oral prayer of the Appellant was declined for which the Petitioner moved a petition under Section 311 Cr.P.C. instantly but the learned court did not allow the prayer of the Appellant and deprived opportunity to the Petitioner to cross-examine the P.W.3.

Mr. S. Das, learned Senior Standing Counsel appearing for the State, submits that the matter has been languishing for about eight years and, on several occasions, the Appellant did not cooperate with the court for disposal of the case, while the trial in the original case has since been completed.

The only issue arises for decision in this Appeal is whether the Appellant is entitled to an opportunity to cross- examine the P.W.-3 in the proceeding before the Authorized Officer. As seen from the case record, P.W-3 was called on the date fixed for cross-examination by the Appellant. However, for some reason the learned counsel who was supposed to cross examine the witness reached late. As the witness was present, he requested the learned court to proceed with cross examination but the learned court declined the prayer. Keeping in view the submissions made by the respective parties and the facts emerging herein, since the witness was ready to be cross- examined and, for some reason or other, he could not be cross- examined when the court called the matter, the Appellant cannot be deprived of his right of cross-examination unless it is shown that despite opportunities the Appellant failed to avail the same. As submitted on the date fixed though the witness was present the counsel could not reach in time. Without going much into the rights and intricacies, this Court finds it appropriate to grant an opportunity to the Appellant to cross-examine P.W-3 for a fair and proper adjudication of the matter.

In view of the above observation, the impugned order dated 28.05.2025 is set aside. The learned court is directed to allow an opportunity to the Appellant to cross-examine P.W.3 on the date so fixed by the learned court concerned. The Appellant also undertakes not take adjournment on the date fixed for cross- examination.

Accordingly, the CRLA is allowed. Judge (Chittaranjan Dash) Bijay Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 01-Aug-2025 15:51:42