Unfortunately, on that date he companyld number be cross examined as respondent herein had filed two Criminal Miscellaneous Applications before the High Court although the learned Special Judge proceeded on the basis that the cross examination would be treated to have been declined.
By an Order dated 7.8.2003, however, on an application filed by the defence, the said Bipin Behari Mahapatra was recalled for cross examination.
The learned Special Judge went on issuing summons for his appearance so that he companyld be cross examined by the defence.
It, however, appears that although the matter for further hearing was fixed from 12.9.2003 till 18.8.2006 numberprosecution witness including the said investigating officer was present in the Court.
Only on 18.8.2006, the learned Courts attention was drawn on an endorsement to the summons that he would number be able to attend the Court due to his illness.
The following Order of the Court was delivered ORDER Delay companydoned.
The Investigating Officer Bipin Behari Mahapatra was examination in Chief on 1.9.1999.
The matter was adjourned to 12.9.2003 on which date he was directed to remain present.
On and about 8.1.2007, an application was filed by the special Public Prosecutor to exonerate Mr. Mohapatra from cross examination on the ground of his illness.
We have heard learned companynsel for the parties.
He was also present in Court on 15.1.2003 and 7.8.2003.
The prosecution against the respondent herein was initiated in the year 1987.
Leave granted.
