This is a transfer petition where the high court inclined to transfer a criminal case from the court in Phulbani to the court in Boudh due to threats apprehended by the petitioner. The matter was disposed of by directing the transfer forthwith.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
TRPCRL No.39 of 2016
Nihar Ranjan Sahoo
Petitioner
-versus-
State of Odisha & Anr.
…. Opposite Parties
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
10.02.2023
Order No
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. Basudev Pujari, learned counsel for the Petitioner, Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Opp. Party No. 1 and Mr. Anirudha Das, learned counsel appearing for the Opp. Party No. 2.
3. Pursuant to the order passed on earlier occasion, Mr. Pujari filed an affidavit in Court today. The same be kept on record.
4. In course of hearing it is contended that basing on the F.I.R. lodged by the present Opp. Party No. 2 the Petitioner is facing trial in G.R. Case No. 488 of 2015 arising out of Phulbani Town P.S. Case No. 188 of 2015 in the Court of learned SDJM, Phulbani. It is contended that after filing of such F.I.R. the Opp. Party No. 2 has obtained a decree of divorce against the present Petitioner on 31.08.2015. But in spite of that the O.P. No. 2 and her family members are regularly threatening the Petitioner and thereby he is apprehending threat to his life for his appearance before the Court at learned SDJM, Phulbani.
5. Taking into account the grounds taken in the transfer petition and the submissions made by the learned counsel appearing for the
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Parties, this Court is inclined to transfer the matter from the Court of learned SDJM, Phulbani to the Court of learned SDJM, Boudh. Learned SDJM, Phulbani is directed to transfer G.R. Case No. 488 of 2015 to the Court of learned SDJM, Boudh forthwith on receipt of this order.
6. The transfer petition is disposed of accordingly.
(Biraja Prasanna Satapathy) Judge
Sneha
Page 2 of 2
Nihar Ranjan Sahoo
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
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