NIRAJ ALIAS NIPU BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Section 407(2) of the Code of Criminal Procedure with a prayer to set aside the order dated 13.6.2006 passed by the Sessions Judge, Mayurbhanj, Baripada in Crl.Misc. Appl. No.474 of 2004 rejecting the prayer of the petitioner for transfer of S.T. Case No.18/27 of 2004 from the Court of the Assistant Sessions Judge, Rairangpur to any Court having jurisdiction to try the said case at Baripada.

(2.) THE petitioner is facing trial in the aforesaid S.T. Case before the Assistant Sessions Judge, Rairangpur for alleged commission of offences under Sections 452/307/324/506(II)/34 IPC. Initially the case had been registered as G.R. 165 of 2004 and after commitment the same has been registered as the aforesaid S.T. Case. The petitioner filed a petition before the Sessions Judge, Mayurbhanj, Baripada under Section 408 CrPC, registered as the aforesaid Crl.Misc. Appl. praying to transfer the said Sessions Trial Case from the Court of the Asst.Sess.Judge, Rairangpur to any other Court at Baripada having jurisdiction to try the said case,mainly on the ground that the lawyers of the Rairangpur Bar were on strike for more than a month on the issue of petitioners father, a police officer, having manhandled and illegally arrested an advocate of the said Bar. According to the petitioner he reasonably apprehended that he would be deprived of getting legal services of any advocate at Rairangpur to defend him in the case and consequently would be deprived of justice.

(3.) IT appears that the informant and some prosecution witnesses in the aforesaid G.R. Case No.165 of 2004/S.T. Case No.18/27 of 2004 are also facing trial as accused in G.R. Case No.522 of 2004 in the Court of the SDJM, Baripada, which was initiated on the basis of the FIR lodged by the petitioner. Thus according to the learned counsel for the petitioner there were case and counter -case among the informant side and the accused side.