P. SRICHANDAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application has been filed by the petitioner with a prayer to transfer S.T. Case No. 222/149 of 2015-17 corresponding to Rengali P.S. Case No. 130 dated 15.09.2015 from the Court of learned Second Additional Sessions Judge-cum-Special Judge, Sambalpur, to any other Court outside the undivided district of Sambalpur namely, Sambalpur, Jharsuguda, Deogarh, Kuchinda and Bargarh.

(2.) The petitioner is the accused in the case facing trial for the offences punishable under Sec. 376 (2) (i) of the I.P.C. and Sec. 6 of the POCSO Act.

(3.) It has been submitted on behalf of the petitioner that he is a practising advocate in the Sambalpur Bar Association. Due to some personal rivalry, he has been falsely implicated in this case with concocted allegations without any material evidence against him. He alleged that an application was filed by him before the learned trial Court to discharge from the offences along with another application calling for certain documents from the Police Station. He alleged that both the applications were hurriedly disposed of by the then Presiding Officer of the Court without giving opportunity of hearing to the learned Counsel for the petitioner. The petitioner assailed the said order before this Court in Criminal Misc. Case No. 1862 of 2018, which was disposed of by order dated 25.06.2018 with a direction to the learned trial Court to re-consider and dispose of the application filed by the petitioner afresh by affording reasonable opportunity of hearing to the petitioner as well as to Special Public Prosecutor. It has been submitted that despite the intimation to the learned trial Court that such an order has been passed by this Court and some delay in obtaining the certified copy of the order of this Court, the learned trial Court with a vindictive attitude did not grant time to the petitioner and on 02.07.2018 despite an application filed by the counsel for the petitioner under section 317 of the Crimial P.C. 1973 seeking time to produce the certified copy of the order of this Court, the learned trial Court rejected the application and directed for issuance of N.B.W. (A) against the accused. The counsel for the petitioner filed an application to recall the said order which was adjourned for consideration. In the meantime the Presiding Officer of the Court was transferred being succeeded by another Officer. It is submitted that on 05.07.2018 the petitioner was physically present in the court along with his counsel and produced the certified copy of the order of this Court, it has been submitted that the succeeding Presiding Officer in the Court being influenced by his predecessor, kept the order reserved till 09.07.2018, and on that date, rejecting the application of the petitioner, simultaneously started a proceeding against the bailer who was none other than the wife of the petitioner-accused.