AI Structured Summary
Not yet generated for this judgment
Judgment
Biswajit Mohanty, J
Heard Mr. Swain, learned counsel for the petitioner and Mr. Nanda, learned Additional Government Advocate through video conferencing mode.
At the outset, Mr.Swain, learned counsel for the petitioner undertakes to serve a copy of the petition on learned counsel for the State in course of the day.
According to Mr. Swain, after registration of Cuttack Sadar P.S. Case No. 462 of 2021 under Sections 294, 323, 341, 379, 500, 506/34 of the I.P.C. read with Section 25 of the Arms Act the petitioner and his family members are remaining under constant threat from the accused persons and therefore he prays that the opposite party No.1 be directed to give protection to the petitioner and his family members.
With regard to prayer of petitioner for grant of protection, Mr.Nanda submits that the petitioner should approach the "Competent Authority" as constituted under the "Witness Protection Scheme, 2019" notified by the Government of Odisha vide Extra-ordinary Gazette Notification No. 1164 dated 6.7.2019 in tune with the judgment of the Supreme Court in the case of Mahender Chawla & others v. Union of India and others reported in (2019) (I) OLR (SC) 126. According to him, since the petitioner is the informant, he being a star witness in case of a future trial, she can seek protection under the above noted Scheme by filing appropriate application in the prescribed form before the "Competent Authority" consisting of the learned District & Sessions Judge as Chairman, head of the Police in the district as member and head of prosecution in the district as its Member Secretary.
In such background, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the "Competent Authority" under the "Witness Protection Scheme, 2019" for the purpose of getting protection.
Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to approach the "Competent Authority" under "Witness Protection Scheme, 2019" in an appropriate manner. It is made clear that in the event such a motion is made, the "Competent Authority" is directed to take a decision on such motion in tune with the above noted Scheme as expeditiously as possible.
Accordingly, this CRLMP is disposed of.
Urgent certified copy of the order be granted on proper application.
.............................................