ORDER

29.07.2025 Order No.

06. This matter is taken up through hybrid mode.

2. This transfer petition has been filed by the Petitioner for transfer of GR Case No.74 of 2021 from the Court of learned JMFC, Niali to the Court of learned JMFC, Cuttack on the grounds detailed in the transfer petition.

3. Learned Counsel for the Petitioner submits, since other proceedings at the instance of the Petitioner are pending at Cuttack and there is a life threat to the Petitioner, if she attends the proceeding in GR Case No.74 of 2021 at Niali, the said proceeding be transferred to the Court of learned JMFC, Cuttack.

4. Per contra, learned Counsel for the State, drawing attention of this Court to the Order dated 17.12.2024 passed by the Court of Sessions Judge, Cuttack in TRP(Crl.) No.12 of 2024 submits, before approaching this Court, the Petitioner had approached the Court of Sessions Judge, Cuttack with similar prayer on selfsame grounds, which stood rejected by passing a reasoned order. Hence, the prayer made in transfer petition deserves to be rejected. 5. In view of such submission made by the learned Counsel for the State, it would be apt to reproduce below Paragraph-4 of the order dated 17.12.2024 passed in TRP (Crl.) No.12 of 2024;-

“4. The sole ground for the transfer petition is that there is danger to the petitioner’s life if she will proceed to Niali in connection with G.R.Case No.79/2021. But on perusal of the copies of the said G.R.Case so also this transfer petition, it is found that there are four accused persons in the said G.R.Case out of whom two are ladies and the O.P.No.4 is an aged woman and in the G.R.Case the public prosecutor is to prosecute the case not the informant so also the informant is not supposed to visit to the Court of JMFC, Niali on each date. Rather the accused persons including the two lady accused persons are supposed to appear in the Court on each day of posting of the GR Case. There is absolutely no material to establish that there is really any threat to the life and person of the informant-petitioner in Niali. If the G.R. Case will be transferred to the Cuttak, in considered opinion of this Court, it will cause much hardship to the accused persons/opposite parties than that of the informant/petitioner In the aforesaid facts and circumstances this Court finds no merit in the petition for transfer. Hence, it is ordered.”

(Emphasis supplied)

6. After going through the said order passed by the learned Sessions Judge, Cuttack, this Court finds that there is no infirmity in the said order and the petition of the present Petitioner has been rightly rejected with such observation, as has been extracted above.

7. However, this Court is of the view that interest of justice will be best served, if the Petitioner is permitted to depose as a prosecution witness in GR Case No.74 of 2021 through virtual mode.

8. If the Petitioner faces any difficulty on any date fixed to appear physically before the JMFC, Niali to depose as a PW in GR Case No.74 of 2021, she may move appropriate application to permit her to depose through virtual mode. If such an application is moved, the JMFC, Niali is requested to explore the facilities of Video Conferencing available in the said Court and allow her to depose through video conferencing following the guidelines prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020.

9. With the said observation, the transfer petition stands disposed of.