Namita Prusty vs State Of Odisha & Others
2021 Latest Caselaw 8620 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLMP No.1350 of 2021

              Namita Prusty                         ....          Petitioner

                                    Mr. S.S.Pattnaik,
                                    Advocate

                                         -versus-
              State of Odisha & others     ....    Opp. Parties
                              Mr. S.K.Samal
                              Additional Government Advocate

                                   CORAM:
                          JUSTICE BISWAJIT MOHANTY
                                     ORDER

Order No. 17.08.2021

01. Heard Mr. Pattanaik, learned counsel for the petitioner and Mr. Samal, learned Additional Government Advocate through video conferencing mode.

According to Mr. Pattanaik, the petitioner is aggrieved by the tardy manner in which investigation is being done in connection with Delanga P.S. Case No.85 of 2021 registered under Sections 341, 323, 324, 326, 307/34 of I.P.C. He further submits that after registration of the above F.I.R. the petitioner and her family members are remaining under constant threat from the accused persons and therefore the opposite parties be directed to give the petitioner and her family members' adequate protection.

Mr. Samal relying on the decisions of the Supreme Court in the cases of Sakiri Vasu v. State of U.P. & others reported in (2008) 2 SCC 409 and Sudhir Bhaskar Rao Tambe v. Hemant Yashwant Dhage and others reported in (2016) 6 SCC 277 submits that if the petitioner is aggrieved by the manner in which the investigating is proceeding she should have moved the // 2 //

jurisdictional Magistrate under Section 156(3), Cr.P.C., instead of rushing to this Court. He further submits that in the aforesaid decisions, the Supreme Court has made it clear that when after registering the F.I.R., if no proper investigation is made, it would be open to the aggrieved person to file an application under Section 156(3) Cr.P.C. before the learned Jurisdictional Magistrate and if such an application is filed, appropriate direction can be issued by the learned Magistrate.

With regard to prayer of petitioner for grant of protection, Mr.Samal submits that 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 and 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 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, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the learned jurisdictional Magistrate under Section 156(3), Cr.P.C. with regard to her grievances relating to the investigation. With regard to his prayer for providing protection he also submits that liberty may be granted to the petitioner 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 approach the jurisdictional

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Magistrate under Section 156(3) Cr.P.C. by filing appropriate application duly supported by an affidavit within a period of two weeks. In the event, such an application is filed, the jurisdictional Magistrate would do well to proceed with the same in accordance with law, if there is no other impediment. This Court also grants liberty to the petitioner to approach the "Competent Authority" under "Witness Protection Scheme, 2019" in an appropriate manner. It is 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.

Urgent certified copy of the order be granted on proper application.

Kishore                                                ( Biswajit Mohanty)
                                                             Judge