CRLMP/1622/2020
2021 Latest Caselaw 270 Ori

                               CRLMP No.1622 of 2020




2.     07.01.2021         Heard learned counsel for the petitioner and Mr.
                    R.P.Mohapatra, learned Addl. Government Advocate through
                    video conferencing mode.
                          Learned counsel for the petitioner submits that after
                    lodging of Cuttack Mahila P.S. Case No.107 dated 7.12.2020,
                    the petitioner is living under constant threat from the
                    accused. Therefore, he prays the opposite party nos.1 to 3 be
                    directed to give the petitioner adequate protection.
                          Mr. Mohapatra, learned Addl. Government Advocate
                    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.
                          In such background, Mr. Khandayatray 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

Rns.
                    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.