Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.350 of 2026 Gajendra Singh ..... Petitioner (s) Mr. Sanjib Kumar Bhanjadeo, Advocate -versus- State of Odisha ….. Opposite Party (s) Ms. Gayatri Patra, ASC
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order No.
03.02.2026
01.
1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this CRLMC with a prayer to quash the order dated 20.12.2025 passed by the learned 1st Additional Sessions Judge, Khurdha rejecting his petition filed under Section 311 of the Cr.P.C. for recalling of the witnesses i.e-P.W.-5 and P.W.-6 (Investigation Officer) in connection with T.R. Case No.28 of 2020 arising out of NCB Crime No- 01/NCB/BBSR/2020 of Intelligence Officer, Narcotics Control Bureau, Bhubaneswar.
3.
Learned counsel for the Petitioner submits that in
order to prove the case has the prosecution cited number of witnesses including PW-5 and PW-6 (Investigation Officer) as the material witnesses in the aforesaid case. They have not been cross-examined properly and some Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 05-Feb-2026 17:44:27 Signature Not Verified
Page 2 of 3. relevant questions could not put to them during cross examination though those questions are material for proper adjudication of the case. He further contends that some questions were not asked, although the material objects are available in the case record. But, these were not produced before the Court. The petitioner has filed a petition under Section 311 Cr.P.C. for recalling of the aforesaid witnesses. However, the learned court below has rejected the petition under Section 311 Cr.P.C. on
17.11.2025. The relevant portion of the order is extracted hereunder:
“Considering the above discussions and the observation made by the Hon'ble Court in the above cited decisions this Court is of humble view that the petition of the learned counsel is nothing but to linger the trial. Hence, in the interest of justice the petition u/Sec. 311 Cr.PC is devoid of any merit and stands rejected. Further, the prayer of the accused petitioners to examine one Md. Ramjan who was cited as witness by the prosecution is also rejected as the prosecution declined his examination. Put up on 07.01.2026 for argument. UTP Gajendra Singh be produced from the custody on that date. Accused Ranjan Srinibas Rao is to remain present on that date.” Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 05-Feb-2026 17:44:27 Signature Not Verified
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4. Considering the submissions made by the learned counsel for the Petitioner and on going through the order passed by the learned court below, this Court does not find any infirmity in the order dated 20.12.2025 passed by the learned 1st Additional Sessions Judge, Khurdha so as to warrant interference by this Court.
5. Accordingly, the CRLMC is dismissed.
(Dr. Sanjeeb K Panigrahi) Judge
Gitanjali