Indulata Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 855 of 2020 Indulata Nayak ....

Petitioner Mr. N.R. Rout, Advocate -versusState of Odisha ....

Opposite Party Mr. D. Mund, AGA CORAM: JUSTICE V. NARASINGH

ORDER

23.03.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned State counsel.

3.

Being aggrieved by the order dated 14.01.2020 passed by the learned Additional Sessions Judge-cum-Additional Special Judge (POCSO), Bhubaneswar in T.R. Case No.188 of 2015, thereby rejecting the prayer of the accused persons for recall of the informant and the victim (P.W.1 and victim respectively) is assailed in the present CRLMC. 4.

On a bare perusal of the CRLMC, it is seen that though all the accused persons had moved the learned Trial Court for recall but one of the accused have chosen to file the present CRLMC.

// 2 // 5.

Perused the reasons set-out in impugned order which appear to be just and cogent. Such reasons are in tune with the stated principles governing the field relating to recall of a witness under Section 311 of the Cr.P.C. Hence, this Court does not find any infirmity in the impugned order warranting interference in exercise of power under Section 482 Cr.P.C.

6.

Accordingly the CRLMC is stands dismissed.

(V. NARASINGH) Judge Santoshi