IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.663 of 2025 M/s Eumro Interiors, Nayagarh and another …. Petitioners Mr. S. Dwibedi, Advocate -Versus- Tapan Kumar Swain …. Opposite Party None CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 28.10.2025 01. 1. Heard Mr. Dwibedi, learned counsel for the petitioners. 2. No notice is issued to the opposite party as the matter is disposed of at the stage of admission. 3. Instant revision is filed by the petitioners assailing the impugned order dated 14th July, 2025 as at Annexure-1 passed in connection with 1CC Case No.1794 of 2023 by the learned S.D.J.M., Bhubaneswar, whereby, an application as per Annexure-4 under Section 311 Cr.P.C. seeking recall of the opposite party examined and discharged as P.W.1 moved by them was rejected. 4. Mr. Dwibedi, learned counsel for the petitioners refers to Annexure-4 and submits that for the reasons stated therein, recall of the opposite party is necessary in the interest of justice. 5. Perused the recall application at Annexure-4 but no questionnaire is attached to the same. The specific purpose for which recall of the opposite party examined as P.W.1 before the learned court below requested is not revealed from Annexure-4. A copy of the deposition of the opposite party is at Annexure-3 and the same is perused. In absence of any such questionnaire submitted to the learned court below as revealed from Annexure-4, the Court is of the view that no wrong has been committed as a result, while rejecting the request for recall of P.W.1. But considering the submission of Mr. Dwibedi, learned counsel for the petitioners, the Court is inclined to grant the liberty to the petitioner to file a fresh application mentioning therein the specific questions and the purpose of recall for a fresh decision by the learned court below even though there has been closure of evidence from the other side during trial in the meantime. 6. Accordingly, it is ordered. 7. In the result, the revision petition stands disposed of. It is directed that the petitioner shall file an application under Section 311 Cr.P.C. for recall of the opposite party, who was examined and discharged on 10th March, 2025 and in case, the same is received complying the direction as above, the learned S.D.J.M., Bhubaneswar shall deal with it in 1CC Case No.1794 of 2023 and to pass order thereon on merit and in accordance with law. As a necessary corollary, the impugned order dated 14th July, 2025 at Annexure-1 is hereby set aside with the direction as aforesaid. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer