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Judgment
S.K. Mishra, J.
The present transfer petition has been preferred by the Petitioner, who is one of the accused persons in G.R. Case No.441 of 2014, corresponding to Gondia P.S. Case No.42 of 2014, pending in the Court of learned S.D.J.M., Dhenkanal, for transfer of the said case to the Court of learned S.D.J.M., Bhadrak, on the grounds detailed in the transfer petition.
Such a prayer has been made basically on the grounds that the learned S.D.J.M., Dhenkanal has no territorial jurisdiction to try the said case. Mother of the Petitioner, who is also a co-accused in the said case, is around 71 years old and residing with the Petitioner at Harisankarpur under Bhadrak (Rural) Police Station and is unable to attend the proceeding on each and every date because of her old age ailments, as the distance from Dhenkanal to Bhadrak would be around 250 KMs.
Further the informant, at whose behest the G.R. Case has been imitated, is also staying at Harisankarpur under Bhadrak (Rural) Police Station in the District of Bhadrak and working as a Cook-cum-Helper at Harisankarpur U.G.M.E. School under Bhadrak (Rural) Police Station.
That apart, the G.R. Case has been initiated by the Opposite Party No.2 with an ill motive to harass the Petitioner by filing the FIR at Dhenkanal, though no cause of action arose at Dhenkanal. Further, if the Petitioner is forced to appear in the said G.R. Case at Dhenkanal, there is also a threat to his life, as brothers of the informant are local men having association with anti-socials and they may take away the life of the Petitioner with help of the local hired anti-socials. There is a reason to believe so, as her brothers are threatening the Petitioner to face dire consequences, if he goes to Dhenkanal to attend the proceeding in G.R. Case No.441 of 2014.
Though it has not been specifically averred as to what is the next date and purpose of posting of G.R. Case No.441 of 2014, on being asked, learned Counsel for the Petitioner submits, as per the instruction received, in G.R. Case No.441 of 2014, out of 14 prosecution witnesses, only two witnesses have been examined till date.
He further submits, though the charge sheet was submitted in the year 2016, the matter is pending since long causing harassment to the Petitioner, who is a businessman and is located at Bhadrak.
Admittedly, though an allegation has been made regarding life threat, no FIR has been annexed to the transfer petition to substantiate the said allegation. Further, the stand regarding old ailing mother of 71 years, she has not joined the Petitioner taking such a stand to transfer the criminal proceeding. Rather, she has been arrayed as Proforma Opposite Party No.3, along with another co-accused namely, Itishree Senapati, Proforma Opposite Party No.4.
Further, after going through the pleadings and documents on record and hearing the learned Counsel for the Petitioner, this Court is not convinced to pass an order to transfer a criminal proceeding, which is pending since 2014 and two of the prosecution witnesses have already been examined in the said case.
However, keeping in mind the delay in trial of G.R. Case No.441 of 2014, which is admittedly pending for the last 12 years, learned S.D.J.M., Dhenkanal is directed to proceed further in G.R. Case No.441 of 2014 in accordance with law and try to conclude the said proceeding at the earliest, preferably by end of June 2027, provided there is no legal impediment.
Further, since the Petitioner is a resident of Bhadrak and is on bail and his mother, who is a co-accused and is around 71 years old, the learned S.D.J.M., Dhenkanal is requested to explore the facility of Video Conferencing available in the said Court and allow the Petitioner and his mother to appear through Video Conferencing mode following the guidelines prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020, in case they face any difficulty on any date to appear physically before the said Court. However, on the dates fixed for accused statement, argument and on the date of pronouncement of judgment, for which their presence may be required by the learned Court and if it is so ordered, the Petitioner and his mother shall remain physically present before the learned S.D.J.M., Dhenkanal.
With the said observation and direction, the transfer petition stands disposed of.
Office is directed to communicate a copy of this Judgment to the Court of learned S.D.J.M., Dhenkanal urgently enabling the said Court to act in terms of the observations made above.
Urgent certified copy of this Judgment be granted on proper application as per rules.