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Judgment
S.K. Mishra, J.
The Petitioner, who is the informant and one of the prosecution witnesses in G.R. Case No.473 of 2016, has filed the present transfer petition under Section 407 of the Code of Criminal Procedure, 1973, seeking transfer of the proceeding in the said case, pending before the Court of learned J.M.F.C., Basudevpur, to the Court of the learned S.D.J.M., Jajpur, on the grounds detailed in the transfer petition.
Though notices were issued to Opposite Party No.2, who is one of the accused persons in G.R. Case No.473 of 2016, as per the office note, the notice was last issued through Court process and the return of service is yet to be received.
The present transfer proceeding is pending for the last seven years and, in view of the interim order, further proceeding in G.R. Case No.473 of 2016 has been stalled. However, in order to ascertain as to whether any cause of action still survives for pursuing the present transfer petition, a report was called for from the Court below. The learned Civil Judge (Junior Division)-cum-J.M.F.C., Basudevpur, vide his Letter No.1168 dated 11.09.2026, has reported as follows:
“Sir/Madam,
In view of the subject and reference cited above, I am submitting herewith that the G.R. Case No.473 of 2016 pending in this Court was instituted on dtd. 25.08.2016 on the strength of Basudevpur PS case no.310 dtd 24.08.2016 registered U/s.498A/506/307/34 IPC r/w U/4 DP Act. Subsequently cognizance of offences punishable U/s.498A/323/306/406/506/307/34 IPC r/w U/s 4 DP Act was taken vide order dtd.21.01.2017 in pursuance to charge sheet submitted against accused persons namely, Chandra Sekhar Nayak @ Pintu, Dayanidhi Nayak and Jemamani Nayak for said offences. Thereafter above named accused persons appeared vide order dtd. 30.05.2017 and dtd.15.01.2019 respectively but later on case was abated against accused person namely: Dayanidhi Nayak vide order dtd.02.04.2019 so the case stood posted then for supply of PP and commitment. I further humbly submit that NBW/A was issued against accused/Jemamani Nayak vide order dtd. 23.07.2019 and same is still pending for execution. In the meantime further proceeding of this case has been stayed vide order dtd. 24.09.2019 in obedience to order dtd.01.09.2019 in I.A. No.79 of 2019 arising out of TRP (Crl.) No.81 of 2019 passed by Hon'ble Orissa High Court and since then this case is pending for awaiting intimation from Hon'ble Court and the case now stands posted to 04.11.2026 for said purpose.
This is for favour of kind information and necessary action.”
Hence, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party No.2-accused person.
Heard learned Counsel for the Petitioner.
Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner-wife is a destitute lady and is presently residing at her parental house at Hasanpur in the district of Jajpur. The distance between Hasanpur, Jajpur and Basudevpur, Bhadrak is more than 160 kilometers and, therefore, it would be difficult on her part to attend the day-to-day proceedings before the learned J.M.F.C., Basudevpur. It is further submitted that a D.V. case is also pending before the learned S.D.J.M., Jajpur at the instance of the Petitioner-wife against Opposite Party No.2-husband.
To substantiate the prayer made in the transfer petition, learned Counsel for the Petitioner relies on the order dated 16.09.2016 passed by the coordinate Bench in TRPCRL No.89 of 2014 (Smt. Anusuya Sitha Vs. State of Orissa & ors.) and files a website copy of the said order, which is taken on record.
Since the Petitioner, being the Complainant, is one of the prosecution witnesses, she is not supposed to attend the day to day proceeding before the learned Court below, like a matrimonial proceeding. Her presence would be required only for the limited purpose of deposing as a PW on the date fixed. That apart, there is provision, so also facility of recording evidence through video conferencing mode in almost all the Courts in the State. If she has any difficulty to remain present physically before the Court below to depose as a PW, she can very well pray before the Court below to record her evidence through virtual mode. Hence, after going through the grounds urged in the transfer petition so also judgment cited by the learned Counsel for the Petitioner, which is factually dissimilar and not applicable to the present case, this Court is not inclined to allow the prayer made in the transfer petition for transfer of G.R. Case No.473 of 2016 from the Court of learned J.M.F.C., Basudevpur to the Court of learned S.D.J.M., Jajpur.
However, considering the submission that the Petitioner is a destitute lady residing at Hasanpur in the district of Jajpur, it is directed that, if her presence is required before the learned Court below for the purpose of examination as a prosecution witness, if the Petitioner so prays, she may be permitted to appear and depose as a PW through virtual mode, subject to the applicable rules and guidelines governing such proceedings.
The learned J.M.F.C., Basudevpur is requested to explore the facility of video conferencing available in the said Court and allow the Petitioner to appear through video conferencing mode, following the guidelines prescribed under the “High Court of Orissa and District Courts Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025”.
As the criminal proceeding is of the year 2016, the learned J.M.F.C., Basudevpur shall proceed with G.R. Case No.473 of 2016 in accordance with law and make all endeavours to conclude the said proceeding at the earliest, preferably by the end of June, 2027.
The parties are directed not to seek for unnecessary adjournments and cooperate with the learned Court below for early disposal of G.R. No. 473 of 2016, as directed above.
With the said observation and direction, the transfer petition stands disposed of.
Interim order dated 06.09.2019 passed in I.A. No.79 of 2019 stands vacated. The said I.A. stands disposed of accordingly.
Office is directed to communicate a copy of this Judgment urgently to the Court of learned J.M.F.C., Basudevpur for information and necessary action.
Urgent certified copy of this Judgment be granted on proper application as per rules.