RANJAN KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present petition has been filed under Section 482, Cr PC for quashing the order dated 2 -3 -1994 passed in GR Case No. 663/1930 by the Judicial Magistrate, First Class, Jaipur whereby, he has passed the order recalling four prosecution witnesses.

(2.) THE submission of the learned counsel for the petitioner is that these witnesses cannot be recalled for filling up the lacunae by the prosecution. The prosecution did not take earlier steps to apply for recalling these witnesses earlier. At this stage they cannot be recalled. Learned counsel for the petitioner has relied on 1981 Cri. L J NOC 3 (A.P. ) (N. Narayana Rao v. State of A.P.) : AIR 1985 SC 1887 (Rajeswar Prasad Misra v. The State of West Bengal and Anr.) and also AIR 1887 SC 98 (State of Assam v. Muhim Serkataki and Anr.).

(3.) LEARNED Additional Standing Counsel for the State also supports the arguments of the informant and places reliance on the language of Section 311 of Code of Criminal Procedure and also a decision of the apex Court reported in 1991 Cri L J 1521 (Mohanlal Shamji Soni v. Union of India and Anr.).