Ranjan Kumar Das vs State Of Odisha & Others
2021 Latest Caselaw 8425 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLMP No.1225 of 2021

              Ranjan Kumar Das                     ....         Petitioner

                                   Mr. B.Rout,
                                   Advocate

                                        -versus-
              State of Odisha & others             ....      Opp. Parties

                                   Mr. P.Mohapatra,
                                   Additional Standing Counsel

                                 CORAM:
                        JUSTICE BISWAJIT MOHANTY
                                    ORDER

Order No. 11.08.2021

03. Heard Mr. B.Rout, learned counsel for the petitioner and Mr. P.Mohapatra, learned Additional Standing Counsel through video conferencing mode.

According to Mr. Rout, the petitioner is aggrieved by the manner in which investigation is going on in connection with Badagada P.S. Case No. 212 of 2021 registered under Sections 294,506,386/34 of the I.P.C. He is also aggrieved by inaction of the police in providing protection to him and his family members.

Mr.Mohapatra, learned Addl. Standing Counsel submits that if the petitioner is not satisfied with the nature of investigation he should approach the Deputy Commissioner of Police, Bhubaneswar(opposite party No.2) in the matter instead of rushing to this Court. With regard to prayer of the petitioner to provide protection, he submits that the petitioner should approach the "Competent Authority" as constituted under the "Witness Protection Scheme, 2019" notified by the // 2 //

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 and others reported in (2019) (I) OLR (SC) 126. According to him, since the petitioner is the victim, he being a star witness in case of a future trial, he 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 Police in the district as member and head of prosecution in the district as its Member Secretary.

In such background, Mr. Rout submits that liberty may be granted to the petitioner to move the Deputy Commissioner of Police, Bhubaneswar(opposite party No.2) with regard to his grievance vis a vis investigation and to approach the "Competent Authority" under the "Witness Protection Scheme, 2019" for the purpose of getting protection.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file a grievance petition before opposite party No.2 through registered post within a period of two weeks from today. In the event, such a petition is filed along with a copy of this order, the opposite party No.2 would do well to take a decision on the same in accordance with law within a period of six weeks from the date of receipt of such grievance petition and communicate the result of such exercise to the petitioner.

This Court also grants liberty to the petitioner to approach the "Competent Authority" under "Witness Protection Scheme, 2019" in an appropriate manner. It is

// 3 //

made clear that 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.

Accordingly, this CRLMP is disposed of. Issue urgent certified copy of the order on proper application.

Kishore                                     ( Biswajit Mohanty)
                                                  Judge