An order granting the State's direction to provide police protection to the petitioner for his appearance in a criminal proceeding and to register his FIR.
Directed police protection for petitioner's appearance and instructed registration of his FIR by the Khurda police station.
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TRPCRL No. 83 OF 2016
6.12.2016
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application filed by the petitioner under section 407 Cr.P.C. seeking transf
er of Criminal Proceeding No.231 of 2016 pending in the Court of learned Judge, Family Court,
Khurda to learned Judge, Family Court, Puri or to any other Court having jurisdiction to try t
he case.
Learned counsel for the petitioner submitted that on the last date fixed befor
e the learned Judge, Family Court, Khurda i.e. on 19.11.2016, when the petitioner was coming t
o the Court, some persons attacked him for which he lodged the first information report but no
steps were taken by police against the culprits and he sent another report by registered post
with A.D. to Khurda police station on 21.11.2016. It is the case of the petitioner that he re
asonably believes that the attack was made on the petitioner at the instance of the opp.party-
wife. Learned counsel for the petitioner submits that the wife is now residing in Khurda Dis
trict where she has filed an application under section 125 Cr.P.C. which has been registered
as Criminal Proceeding No. 231 of 2016 and further submits that the next date of the appearan
ce of the petitioner is fixed to 9.12.2016.
In view of such submissions made by the learned counsel for the petitioner and taking i
nto account the specific averments made in paragraph- 7,8 & 9 and the
copy of the written reports annexed to this transfer application, it is directed that on 9.12.
2016 in the event of any threat to the life of the petitioner if the petitioner approaches th
e Inspector in-charge of Khurda police station, necessary police protection shall be provide
d to him to appear before the Judge, Family Court, Khurda in Criminal Proceeding No. 231 of 20
16. The Inspector in-charge of Khurda Police station shall also register the F.I.R. submitted
by the petitioner under Annexure-2, if cognizable offence is made out and proceed in accorda
nce with law.
Learned counsel for the State is directed to instruct the Inspector in-charge of Khurda
police station accordingly.
A free copy of the order be handed over to the learned counsel for the State.
With the aforesaid observation, the TRPCRL is disposed of.
S.K.Sahoo, J.
1 issue framed by the court
Whether safety measures and FIR registration are required for the petitioner's appearance in the criminal proceeding
2 provisions across 1 enactments
Petitioner
State of Odisha
S.K.Sahoo
As recorded by the court registry
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