- (1.) THE petitioner, Dr. Bhuneshwar Sahay, has preferred this petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 4.8.2006 passed by Shri J.K.N. Tiwari, Special Judge, Ranchi in R.C. Case No. 43(A)/96 and for further direction that the main Investigating Officer who has been examined as PW 49 be recalled and the petitioner be permitted to examine him.
(2.) THE petitioner by an application dated 23.2.2006 had earlier requested the Court below not to examine the Investigating Officer prior to the completion of the examination of the other material witnesses to be produced on behalf of the prosecution in respect of the allotment and sanction on the allegation of illegal withdrawal of fund from the Treasury. But surprisingly, no order was passed by the Court below in -spite of the date fixed for orders on the said application of the petitioner and the prosecution was permitted to examine the Investigating Officer inspite of the protest of the petitioner. The learned counsel submitted that on 28.4.2006 the Investigating Officer was examined and was discharged and thereafter a petition was filed on behalf of the prosecution for recall of PW 49, Investigating Officer and accordingly, the prayer of the prosecution was allowed on 15.5.2006 and the prosecution was further examined on 18.5.2006 and he was discharged.
(3.) DURING such examination (re -examination) of the Investigating Officer, so many contradictions appeared including the facts beyond what Investigating Officer has deposed in his examination -in - chief. The Investigating Officer, Thomas John, proved the letter No. 20815 dated 1.4.1995 but no seizure list was produced by any of the Investigating Officers. In this context the petitioner along with other co -accused preferred an application for recall of IO on 24.7.2006. Though the Court directed to put up the said petition on the date fixed i.e. 14.8.2006 but without any order on such petition the trial Court fixed the case for the statements of the accused persons under Section 313 of the Cr PC.;