B G RAO PATNAIK Vs. STATE

JUDGEMENT

(1.) THIS is a petition under section 526, Criminal Procedure Code by an I. A. S. Officer under suspension for the transfer of a criminal case pending against him before the Special Judge (Sessions) Bolangir, Kalahandi, for offences under Section 5 of the Prevention of Corruption Act and Section 165, Indian Penal Code.

(2.) THE petitioner was serving as District Magistrate of Kalahandi in 1959. He was transferred as Deputy Secretary in the Secretariat and then, on the 13th October 1959 an information was lodged against him at Bhowanipatna Police Station, charging him with various acts of criminal misconduct committed by him while serving as District Magistrate of Kalahandi. After the investigation the sanction of the Ministry of Home Affairs at New Delhi was obtained on the 11th October 1960, for his prosecution for an offence under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act That case is pending now in the Court of the Special Judge (Sessions Judge) Bolangir -Kalahandi whose head -quarters is Bolangir. The petitioner alleged that while he was serving as District Magistrate, Kalahandi he incurred the displeasure of the Maharaja of Kalahandi Shri P. K. Deo who is a prominent leader of the Ganatantra Parishad which is now running the Government of Orissa, in coalition with the Congress Party. He further alleged that with a view to humiliate him, the said Maharaja organised an agitation against him with the help of his workers in the Parishad, that a public meeting was held on the 27th June, 1959, in which reckless allegations were made against him, and that his transfer from Kalahandi was brought about in consequence of the vicious propaganda carried on against him by the Parishad. The Maharaja of Patna Shri R. N. Deo, who is also a prominent leader of the Ganatantra Parishad is at present the Minister -in -charge of Finance and Law in the Coalition Ministry, and it was alleged by the petitioner that it was he who influenced the Chief Minister of Orissa, Dr. Harekrushna Mahatab to take steps for the institution of the present case which, according to him was started on baseless allegations. According to the petitioner the four districts of Kalahandi, Bolangir, Sambalpur and Koraput are the strongholds of the Ganatantra Parishad and as that party has taken up an antagonistic attitude towards the petitioner he apprehends that he may not get a fair trial in any of the courts in the aforesaid districts, as witnesses may not be able to attend to depose in his favour for fear of their safety. He also apprehends personal injury to himself in those areas. At the time of the filing of the transfer petition the Special Judge, Bolangir -Kajahandi, was one Shri Trilochan Misra who, according to the petitioner, was formerly a member of the Ganatantra Parishad having stood as a candidate on behalf of that Party in the General elections held in 1952 and had also applied for a Ganatantra Ticket during 1957. Hence the petitioner prayed for the transfer of his case to a Court in Orissa outside these districts.

(3.) THE principles to be borne in mind in exercising powers of transfer under Section 526, Criminal Procedure Code have been recently reiterated by their Lordships of the Supreme Court in the unreported case of R. P. Kapoor v. State of Punjab, Transfer Petition No. 19 of 1960.