Suryata Sahoo vs State Of Odisha & Others
2021 Latest Caselaw 12975 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLMP No.2045 of 2021

                 Suryata Sahoo                      ....          Petitioner

                                     Mr. G.K.Tripathy,
                                     Advocate

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

                                     Mr. D.K.Mohanty,
                                     Additional Standing Counsel

                                  CORAM:
                         JUSTICE BISWAJIT MOHANTY
                                      ORDER

Order No. 20.12.2021

03. 1. This matter is taken up through video conferencing mode.

2. Heard Mr.G.K.Tripathy, learned counsel for the petitioner and Mr.D.K.Mohanty, learned Addl. Standing Counsel.

3. According to Mr.Tripathy the petitioner is aggrieved by the manner in which investigation is going on in connection with Capital P.S. Case No. 661 of 2021under Sections 498-A, 494, 294, 406, 420, 506/34 I.P.C. He further submits that after registration of the above noted F.I.R., the petitioner and her family members are living under constant threat from the accused persons. Therefore, he prays that the opposite parties be directed to give protection to the petitioner and her family members.

4. Mr. Mohanty submits that in the meantime the petitioner who happens to be the informant and other witnesses have been examined under Section 161 Cr.P.C. and the I.O. has also seized some photographs of the accused-lady and investigation is going on. He further submits that for getting protection, the // 2 //

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 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.

5. In such background, Mr. Tripathy submits that the petitioner may be granted liberty to approach the "Competent Authority" for the purpose of getting protection.

6. 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.

7. Accordingly, this CRLMP is disposed of.

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

Kishore                                         ( Biswajit Mohanty)
                                                      Judge