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CRLMP/1642/2020
2021 Latest Caselaw 265 Ori

Citation : 2021 Latest Caselaw 265 Ori
Judgement Date : 7 January, 2021

Orissa High Court
CRLMP/1642/2020 on 7 January, 2021
                    CRLMP No.1642 of 2020




2.    7.1.2021       Heard Mr. A. Panda, learned counsel for the
                 petitioner and Mr. P.C. Panda, learned Additional
                 Government Advocate through Video Conferencing
                 Mode.
                     Mr. Panda, learned counsel for the petitioner
                 submits      that   after   lodging   the    F.I.R.   styled   as
                 Kandarpur P.S. Case No.177 of 2020, the petitioner is
                 getting constant threat from the accused. Therefore, he
                 prays that the opposite parties be directed to give
                 adequate protection to the petitioner.
                     Mr. Panda submits that for getting protection, she
                 should approach the "Competent Authority" under
                 "Witness Protection Scheme, 2019" launched by the
                 State   of   Odisha     vide   Gazette      Notification   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, anyone seeking protection
                 under the above noted Scheme can file a petition in
                 the prescribed form before the "Competent Authority"
                 constituted under the said Scheme 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.

     amit            In such background, learned counsel for the
                 petitioner 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. 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.
    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.)

 
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