High CourtsSingle Bench

Debadatta Mishra Vs State Of Odisha And Another

Orissa High Court · Decided on 4 January 2024 · Citation: (2024) 01 OHC CK 0024

HON’BLE JUDGES
G. Satapathy, J
RESULT
Dismissed
CASE NUMBER
TRPCRL No. 124 Of 2023
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Judgment

7 paragraphs · 265 words

G. Satapathy, J

1.

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

2.

The prayer of the Petitioner in this application is for transfer of G.R. Case No.383 of 2014 pending in the file of learned SDJM, Padampur to the Court of learned  SDJM,  Balangir  on  the  ground  of apprehension to the life of the accused person-cum-Petitioner and for want of fair trial.

3.

Heard, Mr. M. Sahu, learned counsel for the Petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

4.

It appears from the record that the aforesaid G.R. Case was filed in the year on 10.08.2014 and the present transfer application has been filed after more than 9 years for transfer of the aforesaid case to the Court of learned SDJM, Bolangir on the ground that the Petitioner may not get fair trial as well as he apprehends threat to his life. Had there been any threat to his life, the Petitioner would have lodged FIR before the Police Station, but the Petitioner has not done so. Further, the Petitioner has averred that he may not get fair trial in Paragraph 6 of the transfer application, but that too, without any substance. Mere allegation that the Petitioner may not get fair trial perse would not be a ground for transfer of the criminal case which was instituted 9 years before.

5.

In view of the aforesaid facts and taking into consideration the rival submissions, this Court does not find any rhyme and reason to entertain the transfer application. Accordingly, the transfer application stands dismissed.

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