SUSANTA KUMAR ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner having been remanded by the J.M.F.C., Aska in G.R. Case No.43 of 2004 was lodged in Ward No.3 of Aska Sub -jail along with other prisoners namely, Surya Narayan Palei, Basanta Nayak, Gopal Gauda, Amulya Panda, Dadu Padhi, Surya Muni, Panchu Mohanty, Dandasi Behera, Daka Swain and Bijaya Jena. In the night of 29.3.2004 there was a clash between the petitioner on one hand and the other inmates of Ward No.3 on the other. It is alleged that in course of clash the petitioner caused injuries to some of the inmates of Ward No.3. Getting information about the clash when the Sub -Jailor, Krushna Chandra Harichandan along with his staff reached Ward No.3, it is further alleged that the petitioner attached and assaulted him. On the report of Sub -Jailor, at Aska Police Station, P.S. Case No.56 of 2004 was registered against the petitioner for the offence under Sections 307/324/332 I.P.C. which corresponds to G.R. Case No.90 of 2004 of the Court of the J.M.F.C., Aska. After completion of investigation, Charge Sheet was submitted against the petitioner for the offence under the aforesaid Sections and the case was committed to the Court of Sessions Judge, Gajapati, Berhampur and was numbered as Sessions Case No.436 of 2004. The petitioner, who was on bail during that time, filed a petition before the Sessions Judge to transfer the case to the Court of Assistant Session Judge, Bhanjanagar or Chhatrapur. The Sessions Judge rejected the petition and transferred the case to the Court of Assistant Sessions Judge, Aska which was re -numbered as S.C. No.1 of 2005. Under such circumstances, the petitioner filed the present petition under Section 407 Cr.P.C. to transfer S.C. No.1 of 2005 (Sessions Case No.436 of 2004) of the Court of Assistant Sessions Judge, Aska to the Court of Assistant Sessions Judge, Bhanjanagar, Chhatrapur or Berhampur.

(2.) AS per the case of the petitioner, Surya narayan Palei who was a prisoner of Ward No.3 of Aska sub -jail on the alleged date of assault on the Sub -Jailor is a harden criminal against whom 14 to 15 cases of different nature are pending. He has a gang which actively operate at Aska. The other prisoners who were in the same Ward also belong to his gang. It is the further case of the petitioner that while he was lodged in Ward No.3, Surya Narayan Palei and his associates in fact attempted to murder him but somehow he could save himself with the help of a tin plate. If the petitioner is required to go to Aska to face the trial in S.C. No.1 of 2005 pending before the Assistant Sessions Judge, he apprehends danger to his life. Out of fear to his life because of the threat of Surya Narayan Palei and his associates he (the petitioner) is staying at Berhampur and not going to Aska. Unless the aforesaid case is transferred from the Court of Assistant Sessions Judge, Aska to some other place, there cannot be a fair trial because of the threat to the life of the petitioner at Aska. If the case is transferred from Aska to Bhanjanagar, Chhatrapur or Berhampur, it would be convenient for the witnesses also. Hence the petition.

(3.) PER contra learned Additional Standing Counsels submits that no circumstance has been shown in the petition to indicate that Surya Narayan Palei or his so called gang gave threat to the life of the petitioner. So fear to life said to have been entertained by the petitioner is not reasonable. Hence the petition should be rejected.