p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.144 of 2025 Rajani Kant Mahapatra …. Petitioner Mr. Hemanta Kumar Mund, Advocate -versus- State of Odisha (Vigilance) …. Opp. Party Mr. Sanjay Kumar Das, SC, Vigilance CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 17.02.2025 01. 1. The petitioner is aggrieved by the order dated 13.12.2024 passed by the learned Special Judge, Vigilance, Jeypore in V.G.R. Case No.29 of 2010, whereby his application for issuance of summon to the private witnesses has been turned down. 2. Mr. Mund, learned counsel for the petitioner submits that he has submitted a list of 9 witnesses to be summoned for his defence evidence. Witness No.8 is the wife of the accused and the witness No.9 is the accused himself. Therefore, he submits that in so far as the witness nos.1 to 7 are concerned, they may be p. 2 summoned to be examined as the defence witnesses. He further submits that all the witnesses are the rustic villagers and they would not come to the Court unless they are summoned by the Court. Hence, he seeks indulgence of this Court. 3. The learned trial Court has rejected the prayer of the petitioner on the ground that they are the private persons. Therefore, the petitioner should bring them for deposing before the Court as the defence witnesses. 4. Mr. Mund, learned counsel, relying upon Section 243 of sub-section (2) Cr. P.C. submits that, there is no distinction between the private witness or the official witness. Therefore, under the said provision, the learned trial Court ought to have issued the summons to the witnesses. 5. Mr. Das, learned Standing Counsel for the opposite party-Vigilance Department strenuously opposed the prayer made by the learned counsel for the petitioner on the ground that the accused should have brought his own witness and the Court should not be a party to the same. 6. Regard being had to the facts of the present case, I am inclined to allow the present petition without delving upon to much of the technicality. The learned trial Court accordingly is directed to issue summons to the witnesses Nos.1 to 7 to appear before the Court for their examination as defence witnesses. The Trial p. 3 court may direct the petitioner to bear the expenses towards diet money. 7. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.