Orissa High Court
CRLMC/2984/2026 of SUDAM CHANDRA JENA Vs STATE OF ODISHA on 2 September 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2984 of 2026 CNR No. ODHC010608582026 Sudam Chandra Jena ..... Petitioner Represented by Adv. - Satya Narayan Mishra 4 -versus- STATE OF ODISHA and others ..... Respondent Represented by Adv. – Mr. U.R. Jena, AGA CORAM: MR. JUSTICE ADITYA
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2984 of 2026
CNR No. ODHC010608582026
Sudam Chandra Jena
.....
Petitioner
Represented by Adv. -
Satya Narayan Mishra 4
-versus-
STATE OF ODISHA and
others
.....
Respondent
Represented by Adv. –
Mr. U.R. Jena, AGA
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
02.09.2026 Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.
3. Learned counsel appearing for the Petitioner at the outset contended that the Petitioner is the victim in the pending criminal case bearing S.T. Case No.12 of 2024 in the Court of learned Assistant Sessions Judge, Basudevpur which corresponds to Kasia Marine P.S. Case No.36 dated 10.07.2018 the commission of an offence punishable under Sections 341/323/325/307/354-A/506 read with 34 of IPC.
4. Learned counsel for the Petitioner further submitted that in the meantime, charge-sheet has been filed and the trial has commenced. He further submitted that during trial the Informant moved an application through the prosecution to recall some of the witnesses for their further cross-examination. It was also contended that such examination of the witnesses, as indicated in the application under Section 311 of the Cr.P.C, at Annexure-4, is required for a just decision in the case. However, since such application was rejected vide order dated 05.08.2026 at Annexure-1, the Petitioner being aggrieved by such order has approached this Court by filing the present application. On perusal of the impugned order it appears that the application filed at the instance of the informant through the prosecution to recall some of the witnesses has been rejected by the learned trial Court. The application under Section 311 does not reveal that a questionnaire containing questions likely to be put to the witnesses to be recalled was ever prepared and filed before the learned trial Court so as to consider the necessity of such further cross-examination of such witnesses who were earlier examined.
5. Considering the gravity and seriousness of the matter, this Court, without interfering with the impugned order, grants liberty to the Petitioner to file a fresh application under Section 311 of the Cr.P.C. along with a questionnaire containing questions likely to be asked to the witnesses who are to be recalled for further cross- examination. In the event it is determined by the learned trial Court that the same is relevant for a just decision of the case, it is open to the learned trial Court to exercise its power under Section 311 of Cr.P.C, the learned trial court shall consider the same in accordance with law and dispose of the same by passing a reasoned order within two weeks thereafter.
6. With the aforesaid observation and direction, the CRLMC application stands disposed of.
( A.K. Mohapatra )
Judge
Sisir
Digitally Signed Signed by: SISIR KUMAR SETHI Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 07-Sep-2026 19:49:00 Signature Not Verified