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Judgment
9 paragraphs · 236 wordsB. P. Routray
Heard Mr. S. Nayak, learned counsel for the Petitioner and Mr. S. Sahoo, learned counsel for the Opposite Party.
In the present petition, challenge is made to order dated 4.3.2014 of the learned Special Judge, C.B.I.-1, Bhubaneswar wherein the prayer of the prosecutor to re-examine the witness (P.W.2) declaring him hostile after his cross-examination has been rejected.
Admittedly, the party who calls the witness has the right to re-examine the same witness after his cross-examination in terms of Section 137 of the Indian Evidence Act. Section 154 authorizes the Court in its discretion to permit the party to put any question to his witness as might be put in cross-examination by the adverse party.
In view of such express provisions under the Indian Evidence Act, the order of the learned trial court does not seemingly stand on good grounds to reject the prayer of the prosecutor to re-examine his witness after his cross-examination.
Accordingly, the impugned order dated 4.3.2014 is set aside. The prosecution is at liberty to produce the said P.W.2 on any suitable date on or before 24th December, 2021 before the learned trial court for his re-examination and the court shall permit the prosecutor to re-examine the said P.W.2 on the same day.
The CRLMC is disposed of as allowed.
An urgent certified copy of this order be granted as per rules.
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