Orissa High Court
BLAPL/233/2019 on 24 July, 2019
BLAPL No. 233 of 2019
04. 24.07.2019 Heard learned counsel for the petitioner and the
learned counsel for the State.
This is an application under section 439 Cr.P.C. in
connection with Katrabag P.S. Case No.14 of 2018
corresponding to S.T. Case No.85 of 2018 pending in the
Court of learned Sessions Judge, Sambalpur for alleged
commission of offence under sections 452, 376-D/ 506 of
the Indian Penal Code.
Learned counsel for the petitioner has relied upon
an affidavit filed by the victim in the Court of learned
S.D.J.M., Sambalpur wherein it is mentioned that there
was some land dispute between the parties and at the
intervention of caste people and village people of the
locality, the victim does not want to proceed with the
case and she has no objection if the accused persons are
enlarged on bail.
Learned counsel for the State was supplied with a
copy of the affidavit and he was asked to obtain
instruction in respect of such affidavit.
Today, learned counsel for the State has produced
the letter of IIC, Katarbaga Police Station, Sambalpur
dated 05.07.2019 wherein it is mentioned that he
personally met the victim, examined her regarding the
contentions made in the affidavit and she has stated on
her own will, she had sworn the affidavit without any
influence or pressure.
On perusal of the 164 Cr.P.C. statement of the
victim, it appears that the victim has implicated the
petitioner in the commission of rape and therefore, even
though the matter has been amicably settled between
the parties, I am not inclined to release the petitioner on
bail.
Learned counsel for the petitioner submits that the
petitioner is in judicial custody since 06.02.2018 and
since the lawyers at Sambalpur are not cooperating in
the trial of the case, there is no progress in the trial.
As it appears, the case is now subjudiced in the
Court of learned Sessions Judge, Sambalpur in S.T.Case
No. 85 of 2018. Registrar, Administration of this Court
has furnished a list, which indicates that in all the
stations of Sambalpur judgeship, the trial of the cases is
not going on and the nearby place where the Court is
functioning is Angul.
In view of the submission made by the learned
counsel for the petitioner, the situation which is
prevailing in the Courts at Sambalpur and the report
furnished by the Registrar, Administration of this Court, it
is directed that the S.T.Case No. 85 of 2018 which is
pending in the Court of learned Sessions Judge,
Sambalpur be transferred to the Court of learned
Sessions Judge, Angul for trial and disposal in accordance
with law.
A copy of this order be sent to the learned Sessions
Judge, Sambalpur, who on receipt of this order, shall
transfer the records of S.T.Case No. 85 of 2018 to the
Court of learned Sessions Judge, Angul and the said
Court shall also take steps for sending the petitioner and
other co-accused, who are in judicial custody in Circle
Jail, Sambalpur to the District Jail, Angul.
Another copy of this order be sent to the learned
Sessions Judge, Angul, who on receipt of the case
records from the Court of learned Sessions Judge,
Sambalpur shall make every endeavour to examine the
victim at the first instance and dispose of the case as
expeditiously as possible.
The petitioner is at liberty to renew his prayer for
bail after examination of the victim in the trial Court.
With the aforesaid observation, the BLAPL is
disposed of.
Issue urgent certified copy as per Rules.
.............................
PKSahoo S.K.Sahoo,J.
