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Judgment
7 paragraphs · 205 wordsDr. S. Muralidhar, CJ
The present petition is directed against an order dated 19th February, 2026 passed by the Special Judge, C.B.I, Court-II, Bhubaneswar rejecting the plea of the Petitioner for recall of PWs-3 and 5 for further cross-examination only because certain issues emerged after the IO was examined.
A perusal of the impugned order of the trial Court, it reveals that the that “PW-3 was examined in chief on 30.06.2011 and partly cross-examined on that day. Further cross-examination of PW-3 was taken up on 2.5.2014. Similarly, PW-5 was examined in chief on 18.2.2013. On the prayer of defence his cross-examination was deferred on that day. It was taken up on 26.11.2014 partly and only on 8.1.2015 it was completed”.
The facts are tell-tale. The Petitioner has obviously availed full opportunity of cross-examination of PWs-3 and 5 and the request for the recall was clearly with an intent to further delay the trial.
The Court is, therefore, not inclined to interfere with the impugned order of the trial Court. Accordingly, the CRLMC is dismissed. The interim order passed earlier stands vacated.
The Superintendent of the concerned branch is directed to communicate this order to the concerned Subordinate Court forthwith.
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