ANKITA MOHANTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

(2.) This is an application U/S 407 of the Cr.P.C. by the petitioners seeking for transfer of the criminal case instituted by her O.P. No.2 against them in C.T. Case No. 1181 of 2022 arising out of Rairangpur Town P.S. Case No. 272 of 2022 titled as 'The State v. Ankita Mohanta and others' pending in the file of learned S.D.J.M., Rairangpur to the file of learned Senior Judicial Magistrate, Baripada for disposal in accordance with law.

(3.) Facts in precise are: petitioner No.1 is the wife of OP No.2 and soon after their marriage on 7/3/2018, dissension arose between them leading to filing of criminal case and matrimonial case between them arraigning their family members. Accordingly, on 27/10/2022 OP No.2 lodged a FIR against the petitioners before the IIC, Rairangpur who registered Rairangpur P.S. Case No. 272 of 2022 for commission of offences punishable U/Ss. 294/500/506/34 of IPC read with Sec. 66-C/67 of the Information and Technology Act which is now pending before the learned S.D.J.M., Rairangpur. The petitioners filed a transfer application before the learned Sessions Judge, Mayurbhanj at Baripada for transfer of the aforesaid case to the learned Senior Judicial Magistrate, Baripada by averring therein that the petitioner No.1 being Industries Promotion Officer is a working lady and she at present working at Rasgobindpur whereas, OP No.2 is a wicked and dangerous person and she apprehends threat to her life and property and it is not possible on the part of the petitioners to attend the Court at S.D.J.M., Rairangpur for security reasons. It is also averred by the petitioners in such transfer application that they have reasonable apprehension for not getting impartial and fair justice at the hand of Court of learned Magistrate at Rairangpur as there is reasonable suspicion for getting fair trial in the case. Lastly, it is also stated in the transfer application that it is convenient for both the parties to attend the Court at Baripada since other proceedings are pending at different Courts at Baripada.