ORISSA AT CUTTACK CRLMC No. 4245 of 2024 · Orissa High Court
Case at a glance
Provisions considered
Key paragraphs
- Para 66. In that premises, Mr. Chand submits that the proceeding dated 31.08.2024 may be quashed. 7. in agreement with Mr. Chand, I am not particularly, because the petitioner has not moved any application under Section 311 of Cr.P.C. for recalling of P.Ws.1 to 3. The…
Judgment
Mr. M.K. Chand, Advocate -versus- State of Odisha …. Opp. Party Mr. S.J. Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA ORDER 19.12.2024
This matter taken up through Hybrid Arrangement (Virtual/Physical Mode).
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is aggrieved by the order dated
31.08.2024 passed by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Sambalpur.
Mr. Chand, learned counsel for the petitioner contended that on 31.08.2024, the lawyer, who was representing the petitioner had withdrawn himself as the petitioner couldn’t afford him. Therefore, the learned trial Court has rightly appointed a defence lawyer from Legal Aid Empanelled Counsel represent the petitioner. The learned trial Court should have afforded an opportunity to the said newly appointed lawyer to prepare the case. However, instead of that the learned trial Court proceeded to record the evidence of P.Ws.1 to 3 on the same day. Hence, he seeks quashing of the proceeding dated
31.08.2024.
Mr. Chand further submits that without the assistance of the adequate paper being supplied to the defence counsel, he could not conduct the cross- examination in proper prospective as a result of which vital questions left to be put to the witnesses. Although, the defence counsel had made all efforts to cross-examine the said witnesses without having the advantage of all the papers.
In that premises, Mr. Chand submits that the proceeding dated 31.08.2024 may be quashed. 7. in agreement with Mr. Chand, I am not particularly, because the petitioner has not moved any application under Section 311 of Cr.P.C. for recalling of P.Ws.1 to 3. The proper course would have been to move proper application before the learned trial Court in that regard. Therefore, although I am not inclined to entertain this petition at this stage, however, liberty is granted to the petitioner move appropriate application before the learned trial Court for the said purpose. 8. With this observation, the CRLMC is disposed of. (S.S. Mishra) Judge 2 Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Dec-2024 09:44:27 3
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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