MAHADEB BANKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application has been filled under Section 407 read with Section 482 Criminal Procedure Code challenging the order dated 11.10.96 passed by the learned Special Judge, Balangir rejecting the prayer of petitioner for transfer of G.R. Case No. 285 of 1995 from the Court of learned S.D.J.M., Balangir to the Court of learned Special Judge, Balangir.

(2.) The case of petitioner is that one Smt. Chhabi Banka lodged a written report before the Officer-in-charge, Sadar Police Station, Balangir alleging therein that there is a Government field which the village children utilise as playground. But the people belonging to the Scheduled Caste community wanted to forcibly cultivate the said land and the same was objected to by the villagers. On 2.9.1995 at about 8 O'Clock in the morning some of the accused persons started ploughing the said land. When the villagers objected, they rushed towards them and assaulted the informant as a result of which she sustained injuries. A case under Sections 147/148/323/506/149 I.P.C. was registered against them and was numbered as GR Case No. 285 of 1995. On the same day another report was lodged by one Jayadev Kuanr in the Sadar Police Station, Bolangir alleging therein that he and some others had gone to plough the fields and at that time several villagers including the petitioner being armed opposed them naming Their caste and assaulted them. The F.I.R. lodged by Jayadev Kuanr was registered for alleged commission of offences under Sections 147/148/342/323/324/326/294/149 IPC read with Section 3 of the S.C. and S.T. (Prevention of Atrocities) Act and was numbered as GR Case No. 286 of 1995 before the learned Special Judge, Bolangir. The said case was registered before the learned Special Judge since the offence under Section 3 of the S.C. and S.T. (Prevention of Atrocities) Act has been alleged.

(3.) In view of the fact that both the F.I.Rs. arise out of the same incident, an application was filed by the present petitioner before the learned Special Judge, Bolangir to transfer GR Case No. 285 of 1995 pending in the Court of the learned SDJM, Bolangir to the Court of learned Special Judge treating both the F.I.Rs as counter to each other. The said prayer having been rejected, this application has been filed.