BABULI BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Section 407 of the Code of Criminal Procedure, 1973, hereinafter referred as the 'Code' for brevity, seeking transfer of S.T. Case No. 405 of 2012 of the court of Addl. District and Sessions Judge, Puri to the court of the District and Sessions Judge, Bhubaneswar.

(2.) The petitioner happens to be the informant of Pipili P.S. Case No. 10 of 2012 corresponding to G.R. Case No.22 of 2012, out of which the aforesaid Sessions Trial case arose. The petitioner also happens to be the father of the deceased. It is alleged that the deceased was raped and attempted to murder by the accused persons and later on by the intervention of this Court, she was admitted in the S.C.B. Medical College and Hospital, Cuttack, where she breathed her last on 21.6.2012 due to sequel of attempted strangulation. It is further asserted that the matter has become one of national ramification due to the involvement of a Cabinet Minister of the State who had harboured the accused persons in his farm house and subsequently he was made to resign from his portfolio. It is further alleged that due to involvement of the ex-Minister in this case, the Inspector In-Charge of Pipili Police Station Mr. Amulya Kumar Champatiray did not register the F.I.R. lodged on 29.11.2011 and also did not take up the investigation and cooperate with the family members of the deceased girl in Pipili Hospital.

(3.) It is further alleged that when the deceased was brought to the Pipili hospital, she was referred to the Capital Hospital, Bhubaneswar on the same day without giving any treatment to her. But in the Capital Hospital, the doctors also asked for copy of the F.I.R. and the petitioner on the same day rushed to the Pipili Police Station to obtain a copy of the F.I.R., but the I.I.C. Pipili P.S. seeing the petitioner again in the Police Station became angry and asked the petitioner to leave the Police Station immediately, otherwise he would be detained in custody for attempting murder to his own daughter.