p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 4855 of 2024 Sashi Bhusan Kund and another …. Petitioner(s) Mr. P.K. Biswal, Advocate -versus- State of Odisha … Opposite Party(s) Mr. S.J. Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 13.02.2025 01. 1. The petitioners are aggrieved by the order dated 22.11.2024 passed by the learned JMFC, Pattamundai in G.R. Case No. 462 of 2007, whereby their application under Section 311 Cr. P.C. to recall P.Ws. 3, 4 and 5 for cross examination has been turned down. 2. Learned counsel for the petitioners has taken me to the deposition of the aforementioned three witnesses, indeed none of the witnesses were subjected to cross-examination. The trial court has rejected the application solely on the ground that the witnesses were examined long back in year 2019 and the petitioner is employed delaying tactics by moving application seeking recalling of the witness at the belated stage. Apart from that, no other p. 2 reasoning has been assigned for the rejection of the application of the petitioner under Section 311 Cr.P.C. 3. Needless to say that the petitioner being an accused has indefeasible right to defend himself in the case facing the trial. Since the petitioner has not at all cross examined these three witnesses, he deserves a singular opportunity to cross examine the witness. 4. Accordingly, the order dated 22.11.2024 passed by the learned JMFC, Pattamundai in G.R. Case No. 462 of 2007 is set aside. The trial court is directed to fix a particular date for cross examination of the aforementioned three witnesses and afford opportunity to the petitioner to cross examine these three witnesses on the same day without allowing unnecessary adjournment. The petitioners are also liable to pay cost of Rs.1000/- each to the witnesses on their appearance on the date to be fixed by the trial court. 5. With the aforesaid observation, the CRLMC is disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA