CRLMP/483/2021
2021 Latest Caselaw 3875 Ori

                                CRLMP No.483 of 2021




02.   19.03.2021          Heard Mr. S.G. Das, learned counsel for the
                   petitioner    and    Mr.   Samal,      learned    Additional
                   Government Advocate.
                           Mr.    Das    submits   that     after   lodging   of
                   Nayagarh Sadar P.S. Case No.51 of 2019 under
                   Sections 302/34 I.P.C., the petitioner and his family
                   members are under constant threat from the side of
                   the accused persons. Accordingly, he prays that the
                   opposite parties be directed to give the petitioner and
                   his family members adequate protection.
                          Mr. Samal, learned Additional Government
                   Advocate 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 (2019) (I) OLR
                   (SC) 126. According to him, since the petitioner is the
                   informant, he being a star witness in case of a future
                   trial, he 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.
                       2




       In such background, Mr. Das 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 within a
period of two weeks from today. 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
25.03.2020.




                          ..................................
                           Biswajit Mohanty,J.