Krushna Chandra Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.650 of 2022 Krushna Chandra Biswal ....

Petitioner Mr. B.K. Ghadei, Advocate -versusState of Orissa and others .... Opposite Parties Mr. P.K. Mohanty, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

09.05.2022 Order No.

01.

1. Heard Mr. B.K. Ghadei, learned counsel for the Petitioner as well as Mr. P.K. Mohanty, learned A.S.C. for the State-Opposite Party No.1.

2. It is submitted that the victim and the Petitioner have married in the meantime.

3. Being asked, learned counsel for the Petitioner is unable to show any material with regard to their marriage.

4. Present petition has been filed challenging the order of the learned A.D.J.-cum-Special Court under POCSO Act, Cuttack dated 04.01.2022 wherein the prayer of the Petitioner to recall P.Ws.2, 3 & 4 for further cross-examination was rejected.

5. Upon perusal of the impugned order dated 04.01.2022, it reveals that the offences include Section 6 of the POCSO Act and

P.W.4 is the victim. Thus no illegality is seen in the order of the learned trial judge rejecting the prayer of the Petitioner for further cross-examination of those witnesses keeping in view the provision contained in Section 33(5) of the POCSO Act.

6. As such, the CRLMC is dismissed.

( B.P. Routray) Judge B.K. Barik