Shri.Rohan Baraik v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/9/2025 Shri. Rohan Baraik Vs The State Mr.KMB Jayapal ... for the petitioner Mr. Sumit Karmakar ... for the State February 26, 2025 [AKB] Item no. 4 1.

Challenge in this revisional application is the order dated 19.01.2024 passed in connection with Special Case No. 56 of 2020 wherein learned Judge examine two witnesses produced by the prosecution but right to cross examination on behalf of the accused was decline since learned advocate on behalf of the accused was not present. Accordingly both the witnesses were discharged and directed the prosecution to produce further witnesses.

2.

Mr. Jayapal, learned counsel appearing on behalf of the petitioner has contended that one application was filed on 29.09.2024 with a prayer for cross examining the witnesses namely PW 1 and Pw 2 but the application was rejected on the ground that learned Judge was not in a position to review/recall the order impugned in this revisional application. 3.

Mr. Sumit Karmakar, learned Public Prosecutor representing the state, in his usual fairness, has submitted that right to cross examination of the witnesses on behalf of the accused cannot be denied.

4.

I have gone through the order passed on 19.01.2024 as well as 13.11.2024. This Court finds that when the prayer for cross examination on behalf of the accused was prayed for, learned Special Public Prosecutor appearing on behalf of the prosecution left the matter to the discretion of the court and, however, learned Judge did not recall that order.

5.

However, in a criminal proceeding accused has every right to cross examination the witness produced by the prosecution and it is duty of the court also to ensure the production of the witness for

cross examination on behalf of the accused. In this case, though learned Special Public Prosecutor did not stand in the way but the learned Judge, presumably, did not inclined to recall his own order in absence of any specific provision in Code of Criminal Procedure.

6.

Considering all facts and circumstances discussed hereinabove I am of the opinion that the opportunity to cross examination of prosecution witnesses should be given to the accused for the purpose of just decision of the case. 7.

Hence, the order dated 19.01.2023 and 13.11.2024 with respect to the denial of right to cross examination stands set aside. Learned Judge is requested to provide an opportunity to the accused/petitioner herein to cross examination the witness namely PW 1 and PW 2 particularly on a date specified by learned Judge. 8.

With the aforesaid observation this revisional application stands disposed of. Let a copy of the order be communicated to the learned Special Judge for information and compliance. 9.

Parties are directed to act on the website copy of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.)