CRLMP/561/2021
2021 Latest Caselaw 4522 Ori

                                CRLMP No.561 of 2021




2.    05.04.2021            Heard Mr. Parija, learned counsel for the
                   petitioner     and    Mr.     Sharma,     learned       Additional
                   Government Advocate through Video Conferencing
                   Mode.
                            Mr. Parija submits that after lodging of
                   Lingaraj P.S. Case No.54 dated 02.03.2021 under
                   Sections 326/323/379/506/34 I.P.C., the petitioner is
                   living   under      constant    threat    from    the     accused.
                   Therefore, he prays that the opposite parties be
                   directed to give the petitioner and her family members'
                   adequate protection.
                            Mr.     Sharma         submits    that     for    getting
                   protection,    the     petitioner    should      approach        the
                   "Competent       Authority"     as   constituted     under       the
                   "Witness Protection Scheme, 2019" notified by the
                   Government of Odisha vide Extra-ordinary Gazette
                   Notification No.1164 dated 6.7.2019 in tune with the
                   judgment of the Supreme Court in the case of
                   Mahender Chawla & others v. Union of India &
                   others reported in (2019) (I) OLR (SC) 126. According
                   to him, since the petitioner is the informant, she being
                   a star witness in case of a future trial, she can seek
                   protection under the above noted Scheme by filing an
                   appropriate application in the prescribed form before
                   the "Competent Authority" consisting of the learned
                   District & Sessions Judge as Chairman, head of the

     Prasant       Police   in   the    district   as   Member       and     head    of
                   prosecution in the district as its Member Secretary. He
                   also submits that the said Scheme provides different
                   types of protection measures under Clause -7.
         In such background, Mr. Parija submits that
the petitioner may be granted liberty to approach the
"Competent Authority" for the purpose of getting
protection.
        Considering the submissions made, this Court
grants liberty to the petitioner to approach the
"Competent    Authority"   under     Witness   Protection
Scheme, 2019 in an appropriate manner. In the event
such a motion is made, the "Competent Authority" is
directed to take a decision on such motion in tune
with the above noted Scheme as expeditiously as
possible.
        The CRLMP is accordingly disposed of.
        Parties may utilize the soft copy of this order
available in the High Court's Website or print out
thereof at par with certified copy in the manner
prescribed    vide   Court's    Notice   No.4587   dated
25.3.2020.

                               ..................................

(Biswajit Mohanty, J.)