SIBANARAYAN SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners, who are two of the four accused persons in G.R. Case No. 88 of 1983 pending in the court of the Judicial Magistrate at Banpur in the district of Pun, seek transfer of the criminal case against them to a judicial court at Cuttack. The petitioners are accused of commission of an offence punishable under Section 411 and the two other accused persons (opposite party Nos. 2 and 3) are accused of commission of an offence punishable under Section 380 of the Indian Penal Code.

(2.) Transfer of the case is sought on the grounds that the two petitioners are residents of Cuttack and some of the witnesses are also residents of the district of Cuttack and in addition, the petitioners apprehend assault at the instance of the first-informant who is said to be a rich and influential person of Banpur. The State opposes the application for transfer. While Mr. R. N. Panigrahi for the petitioners has submitted with reference to the principles laid down by the Supreme Court in Inder Singh and others v. Karlar Singh and Alekh Dutta v. Khetramohan Sahu that the case should be transferred, the learned Additional Government Advocate has submitted that the trial should be continued in the court having territorial jurisdiction and i there are no reasonable grounds for the transfer of the case.

(3.) In the case of Inder Singh and others v. Karlar Singh (supra), transfer of the criminal case from Cuttack to Chandigarh was ordered by the Supreme Court in view of the very peculiar and extraordinary circumstances of the case and with the observation: The petitioners are poor persons and it will be most difficult for them to attend the hearing at Cuttack.