Ankita Mohanta And Others vs State Of Odisha And Another

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is an application U/S 407 of the Cr.P.C. by the petitioners seeking for transfer of the criminal case instituted by her O.P. No.2 against them in C.T. Case No. 1181 of 2022 arising out of Rairangpur Town P.S. Case No. 272 of 2022 titled as “The State v. Ankita Mohanta and others” pending in the file of learned S.D.J.M., Rairangpur to the file of learned Senior Judicial Magistrate, Baripada for disposal in accordance with law.

Facts in precise are: petitioner No.1 is the wife of OP No.2 and soon after their marriage on 07.03.2018, dissension arose between them leading to filing of criminal case and matrimonial case between them arraigning their family members. Accordingly, on 27.10.2022 OP No.2 lodged a FIR against the petitioners before the IIC, Rairangpur who registered Rairangpur P.S. Case No. 272 of 2022 for commission of offences punishable U/Ss. 294/500/506/34 of IPC read with Section 66-C/67 of the Information & Technology Act which is now pending before the learned S.D.J.M., Rairangpur. The petitioners filed a transfer application before the learned Sessions Judge, Mayurbhanj at Baripada for transfer of the aforesaid case to the learned Senior Judicial Magistrate, Baripada by averring therein that the petitioner No.1 being Industries Promotion Officer is a working lady and she at present working at Rasgobindpur whereas, OP No.2 is a wicked and dangerous person and she apprehends threat to her life and property and it is not possible on the part of the petitioners to attend the Court at S.D.J.M., Rairangpur for security reasons. It is also averred by the petitioners in such transfer application that they have reasonable apprehension for not getting impartial and fair justice at the hand of Court of learned Magistrate at Rairangpur as there is reasonable suspicion for getting fair trial in the case. Lastly, it is also stated in the transfer application that it is convenient for both the parties to attend the Court at Baripada since other proceedings are pending at different Courts at Baripada.

The learned Sessions Judge, Mayurbhanj at Baripada by an order passed on 26.07.2023 in CMC No. 339 of 2023 rejected the transfer petition of the petitioners. Hence, this present transfer application by the petitioners in this Court.

Heard Mr.N.Lenka, learned counsel for the petitioners and Mr.D.Nayak, learned Senior Counsel for O.P. No.2 as well as Mrs. S.R.Sahoo, learned ASC in the matter and perused the record.

A careful perusal of the averments taken in the transfer application made to the learned Sessions Judge in CMC No. 339 of 2023, it appears that the petitioners apprehend threat to their life and property at Rairangpur and at the same time, they made aspersion to the Court at Rairangpur expecting not to get impartial and fair justice, but at the same time, the petitioners also harp the ground of their inconvenience for transfer of the criminal proceeding. It is also not in dispute that both the parties are seriously at logger heads on account of matrimonial disputes and thereby, filing cases against each other. It is no doubt true, convenience of the party may be a ground for transfer, but the apprehension of threat to life and property of the petitioners at Rairangpur has not been substantiated by any documentary evidence. Nonetheless the aspersion made against the Court without any basis/complaint by averring in the transfer application by the petitioners for not getting impartial and fair justice at the hand of the Court at Rairangpur is itself indicative of imaginary ground taken by the petitioners for transfer of the criminal case. It would not be sufficient to vindicate the grounds for transfer by merely averring that OP No.2 is a crooked and danger person.

Reliance is, however, placed by the petitioners on the decision in Rupali Devi v. State of Uttar Pradesh; (2019) I OLR(SC) 840 for transfer of the aforesaid criminal case from Rairangpur to Baripada, but on a respectful perusal of the aforesaid decision, it is found distinguishable from the present case which is a transfer application, but the decision relied on relates to place of enquiry and trial in matter cruelty meted to wife by her in-laws for commission of offence U/S. 498-A of IPC and in this case, the husband has filed the case against her wife for matters relating to defaming and threatening him by propagating false and obscene news. On the other hand, the learned Sessions Judge on careful appreciation of materials placed on record has found no merit in the transfer application of the petitioners and this Court does not find any error apparent on the impugned order.

Considering the rival submissions and on a conspectus of the impugned order and the averments taken in the transfer applications before the Sessions Judge and before this Court as well as on going through the documents produced by the petitioners, this Court does not find any merit in the prsent transfer application.

In the result, the transfer application stands dismissed being devoid on merit on contest, but in the circumstance without any costs.

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