Mamata Samantaray vs State Of Odisha & Others
2021 Latest Caselaw 12896 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLMP No.2172 of 2021

                 Mamata Samantaray                   ....        Petitioner

                                    Ms. S. Jena,
                                    Advocate

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

                                    Mr. D.K. Mohanty,
                                    Additional Standing Counsel

                                  CORAM:
                         JUSTICE BISWAJIT MOHANTY
                                     ORDER

Order No. 15.12.2021

02. 1. Heard Ms. S. Jena, learned counsel for the petitioner and Mr. Mohanty, learned Additional Standing Counsel through video conferencing mode.

2. According to Ms. Jena, after lodging of Airport P.S. Case No.237 of 2021 under Sections 341/294/323/379/427/509/ 109/34 I.P.C., the petitioner and her family members are living under constant threat from the accused persons. Therefore, she prays that the opposite parties be directed to give protection to the petitioner and her family members.

3. Mr. Mohanty 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 Prasant (2019) (I) OLR (SC) 126. According to him, since the petitioner // 2 //

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 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.

4. In such background, Ms. Jena submits that the petitioner may be granted liberty to approach the "Competent Authority" for the purpose of getting protection.

5. 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.

6. Accordingly, this CRLMP is disposed of.

7. Urgent certified copy of this order be granted on proper application.

( Biswajit Mohanty) Judge