V RAMESWAR RAJU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 407 of the Code of Criminal Procedure filed by the petitioner seeking transfer of Sessions Case No. 9/2000 from the Court of the learned Addl. Sessions Judge, Parlakhemundi to any other Court situated at Bhubaneswar having equal jurisdiction to try and dispose of the same.

(2.) Relevant facts of the case, leading to filing of the resent Misc. Petition, are that the petitioner is the informant in G. R. Case No. 126/99 corresponding to Sessions Case No. 9/2000 now subjudice before the learned Addl. Sessions Judge, Parlakhemundi, whereas opposite parties 2 to 4 are the accused persons facing trial before the above Court under Secs. 498-A 302, 304-B/34, IPC read with Section 4 of the D.P. Act. The victim is the daughter of the present petitioner. She was given in marriage to opposite party No. 4. During her stay in her conjugal home at Parlakhemundi she was done to death by the accused persons. It is alleged by the informant that for non-fulfilment of their demand for dowry the accused persons poured kerosene on her body and set fire to it, as a result of which she died of the burn injuries. Accordingly, on the information lodged by the present petitioner in the Police Station, Parlakhemundi P. S. Case No. 126/99 was registered against the accused persons.

(3.) In course of hearing, learned counsel Shri P. C. Jena and his associate Shri P. K. Maharaj were found absent. On the other hand, Shri Jagannath Patnaik and Shri D. Nayak who appeared for the opposite parties contended that the petitioner has not made out a case for transfer of the proceeding in Sessions Case No. 9/2000 from the Court of the learned Addl. Sessions Judge, Parlakhemundi to any other Court having equal jurisdiction to try and dispose of the same.