BIJAYA KUMAR ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) These three applications relate to transfer of three criminal proceedings from courts at Baripada in the district of Mayurbhanj for convenient trial at any Court in Balasore district. Petitioner is accused in all the three prosecutions.

(2.) In Criminal Misc. Case No. 890 of 1987 petitioner and three others and the accused persons, the offence alleged to have been committed are under sections 323, 341 and 586 I.P.C. read with section 34 I.P.C. It has been registered as C.R. Case No. 858 of 1986 in the court of Sub- Divisional Judicial Magistrate, Baripada. In Criminal Misc. Case No. 891 of 1980 is in respect of applicant alone where he is to face a trial for an offence under section 290 I.P.C. in U.I. Case No. 1651 of 1986 in the court of the Sub-Divisional Judicial Magistrate, Baripada. In Criminal Misc. Case No. 892 of 1987, petitioner alone is the accused against whom allegation has been made for having committed the offence under sections 290 I.P.C. This has been registered as U.I. Case No. 1582 of 1986 in the court of the Judicial Magistrate, First Class, Baripada.

(3.) It is alleged in the applications under section 407 Cr. P.C. that the petitioner was prosecuted for an offence under section 366 read with section 109 I.P.C. earlier where he was acquitted. Thereafter, be issued a notice under section 80 Cr. P.C. against the State as well as Prakash Chandra Misra, the Investigating Officer and has filed Title Suit No. 14 of 1987 in the court of the Sub-Judge, Baripada. Immediately after receipt of the notice under section 80 Cr. P.C. in the month of October, 1986 the three prosecutions have been initiated. Although petitioner is a teacher of High School within half a kilometer from the Police Station where he was regularly attending, he was indicated as absconder for which a Non-Bailable Warrant of Arrest was issued against him just to arrest the petitioner. In the absence of any allegation that the petitioner is likely to flee away or commit any violence, he was produced in court being hand cuffed and tied with a rope which itself indicates that Prakash Chandra Misra was taking revenge on account of filing of the suit for malicious prosecution after his acquittal. In spite of Prakash Chandra Misra being transferred from Baisinga, he has been posted at Baripada. At his instance, petitioner is not getting the correct date of the posting of cases Anti social elements have been engaged to obstruct him from appearing at the Court on the dates fixed.