Orissa High Court
CRLMP/57/2021 on 20 January, 2021
CRLMP No.57 of 2021
03. 20.1.2021 Heard learned counsel for the petitioner and Mr.
G.R. Mohapatra, learned Addl. Standing Counsel through
video conferencing mode.
According to the learned counsel for the petitioner,
the petitioner is aggrieved by the tardy manner in which
the investigation is being done in connection with Aul
P.S. Case No.06 of 2021. His main grievance is that
though F.I.R. has been registered against a number of
persons, however while some of the accused persons have
been arrested others have remained at large. Her further
grievance is that she and her family members are
remaining under constant threat from such accused
persons for which the opposite parties be directed to give
them protection.
Mr. G.R. Mohapatra, learned Addl. Standing
Counsel relying on the decisions of the Supreme Court in
the case of Sakiri Vasu -vrs- State of U.P. and others
reported in (2008) 2 SCC 409 and in the case of Sudhir
Bhaskarrao Tambe -vrs- Hemant Yashwant Dhage and
others, reported in (2016) 6 SCC 277 submits that so far
as grievance relating to the manner of investigation is
concerned, instead of moving the jurisdictional
Magistrate under Section 156(3), Cr.P.C., the petitioner
has unnecessarily rushed 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 under Section
156(3) is filed before the learned Magistrate, he/she can
direct for a proper investigation.
With regard to the prayer for giving protection, Mr.
Mohapatra, learned Standing Counsel submits that for
getting protection, the petitioner should approach the
"Competent Authority" constituted under "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
Rns. 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 an
informant, she being a star witness in case of a future
trial, she can seek protection under the above noted
scheme by filing a petition 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.
In such background, learned counsel for the
petitioner submits that liberty may be granted to the
petitioner to move the jurisdictional Magistrate under
Section 156(3), Cr.P.C. and to approach the "Competent
Authority" 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 move the
jurisdictional court under Section 156(3) Cr.P.C. by
filing an appropriate application duly supported by an
affidavit within a period of two weeks. In the event, such
an application is filed, the Jurisdictional Magistrate is
directed to proceed with the same in accordance with
law, if there is no other impediment. This Court also
grants liberty to the petitioner to move the "Competent
Authority" under the Witness Protection Scheme, 2019
in an appropriate manner. It is made clear that in the
event such a motion is made, the "Competent Authority"
should 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.
