SANJUKTA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 407 Cr.P.C. to transfer G.R. Case No.205 of 2003 from the file of learned S.D.J.M., Bhubaneswar to the file of any competent Criminal Court functioning at Cuttack.

(2.) IT is averred in the petition that the opposite party No.2 suppressing his first marriage with opposite party No.3 married the petitioner, first on exchange of garlands in Bimala temple at Puri. Thereafter they filed an application on 5.5.2001 before the Special Marriage Officer, Bhubaneswar for their marriage, but it could not be materialized at the instance of opposite party No.2. She was threatened by opposite party No.2 with dire consequences unless she withdraws the application. So, the petitioner lodged an F.I.R. before Mahila P.S. Cuttack which was registered as Mahila P.S. case No.16 of 2001 wherein the opposite party No.1 was arrested and forwarded to Court. After the bail petition of the opp.party was rejected by the learned S.D.J.M. as well as by the Sessions Judge, Cuttack, he approached this Court for bail vide Criminal Misc. Case No.6654 of 2004. Since this Court was not inclined to release him on bail he along with his family members gave a proposal for his marriage with the petitioner. O.P. No.2 was released on interim bail on the condition that he would marry the petitioner. Opposite party Nos.2 and 3 filed a joint petition under Section 13(b) of the Hindu Marriage Act for mutual divorce before the Judge, Family Court, Cuttack vide C.P. No.492 of 2001 which was allowed on 18.10.2001. Thereafter, the petitioner and opposite party No.2 applied for their marriage under Section 13 of the Special Marriage Act and the marriage was performed before the Marriage Officer, Cuttack on 23.11.2001 whereafter the interim order of bail was made absolute. The newly married couple resided in the official quarters of opposite party No.2 at Bhubaneswar. The criminal case arising out of Mahila P.S. Case No.16 of 2001 was ended in acquittal, as the petitioner did not take any interest in the case. After -being acquitted the opposite party No.2 again brought opposite party No.3 to his Official quarters where both of them assaulted the petitioner. Opposite party No.2 forced the petitioner to bring Rs.1,00,000/ - from her father, but, when she could not comply it she was driven out from the matrimonial home. So she again lodged a report before the Mahila P.S. Bhubaneswar which was registered as P.S. case No.2 of 2003 for the offence under Sections 498 -A/294/34 I.P.C. read with Sections 4 and 6 of the D.P. Act against opp.Party Nos.2 and 3 corresponding to G.R. Case No.205 of 2003 pending in the Court of S.D.J.M., Bhubaneswar.

(3.) IT is further alleged in the petition that the petitioner has been receiving threat calls over phone at her office in Central Administrative Tribunal, Cuttack Bench from opposite party Nos.2 and 3 with dire consequences if at all she would depose against them. They have been threatening the father and brother of the petitioner, who are charge sheet witnesses in the G.R. case with dire consequent, if they would depose against them. Opposite party No.2 who works as General Asst Programme co -coordinator in Doordarshan Kendra, Bhubaneswar, influenced his staff to threaten her not to depose against him and opposite party No.3. They have sent her two anonymous threatening letters stamped on 4.6.2003 and 7.6.2003 marked as Annexure -2 and 3. Soon after receipt of the above two anonymous letters, petitioner brought this fact to the notice of the Inspector, HRPC on 10.6.2003 who seized the same on that date, but did not take any step. Furthermore, one fax message was also sent by the Staff of Doordarshan Kendra, Bhubaneswar to the Honble member (judicial), Central Administrative Tribunal, Cuttack Bench, Cuttack, requesting the Honble member to advise the petitioner to withdraw the case instituted against opposite party Nos.2 and 3 or else she would be killed. The Honble Member directed his office to intimate this fact to the Superintendent of Police Cuttack for necessary action. Accordingly it is learnt that the fax message was sent to Superintendent of Police, Cuttack on 2.9.2003. So as per the petition, for ends of justice G.R. Case No.205 of 2003 pending on the file of S.D.J.M., Bhubaneswar should be transferred to the file of any competent criminal Court at Cuttack.