Tapan Kumar Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No.538 of 2021 Tapan Kumar Biswal and Ors.

....

Petitioners Mr. Prasanta Kumar Sahoo, Adv.

-versusState of Odisha ....

Opp. Parties Mr. K. Gaya, ASC

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

07.01.2022 Order No.

01.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. This criminal revision has been filed by the petitioners challenging the order dated 09.12.2021 passed by the learned Sessions Judge, Angul in C.T.(S) No.74 of 2004 rejecting their petition under Section 311 of the Cr.P.C. to recall the doctor conducting post mortem.

4. It appears that the petitioners being indicted in the aforesaid case filed a petition under Section 311 of the Cr.P.C. for recalling of the doctor conducting post mortem (P.W.9) which was rejected vide the impugned order.

5. The impugned order rejecting application under Section 311 of the Cr.P.C. is an interlocutory order and the same is not revisable. Therefore, the CRLREV filed by the petitioners is

// 2 // not maintainable in view of bar contained in Section 397(2) of the Cr.P.C.

6. Accordingly, the CRLREV is dismissed.

( S.K. Panigrahi) Judge BJ