The High Court
Case Details
Order No. 02. IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.77 of 2025 Jogendra Dalai & others …. Petitioners Mr. S. Senapati, Advocate State of Odisha …. Opposite Party -versus-
Legal Reasoning
Mr. P.P. Behera, Additional Standing Counsel CORAM: JUSTICE SANJAY KUMAR MISHRA
Decision
ORDER 04.09.2025 This matter is taken up through hybrid mode. 2. Heard learned Counsel for the parties. 3. The present transfer petition has been filed by the Petitioners, who are the accused persons in Sessions Trial No.41 of 2023, arising out of G.R. Case No.288 of 2022, corresponding to K.S. Nagar P.S. Case No.294 of 2022, now pending in the Court of learned Additional District & Sessions Judge, Kodala, Ganjam, for transfer of said case to any other Court on the grounds urged in the Transfer Petition. 4. Order dated 25.07.2025 passed in Sessions Trial No.41 of 2023, pending before the learned Additional District & Sessions Judge, Kodala, Ganjam, being relevant, is extracted below. Page 1 of 5 “This record is put up today. Seven UTPs are produced. The accused Chandan Behera is present. The ld. Addl. PP files hazira of the witness namely Badal Nahak who is examined as PW.42. He has marked his signatures as Ext P26 and Ext P264. When the cross examination of the witness resumed, the ld. Counsel Biranchi Narayan Mohapatra has filed a petition wherein the prayer is made not to dispose of the petition date 24.06.2025 and 10.07.2025 by stating grounds under Para-6, 7, 8 and 9. This court has perused the contents of the petition and found the same is defamatory against the court. The learned counsel during proceeding has mentioned in the open court that he has lost confidence on this court and he has mentioned all the grounds under Para-6 to 10 of this petition. Considering the aforesaid submission of the learned counsel, this Court thinks it proper that not to adjudicate the case further. The cross examination of P.W.42 is deferred. before The learned counsel for the accused is requested to make proper persons application appropriate the authority for transferring this record to another Court for it’s trial.. As the ld. Counsel has filed a separate application not to the pending application dated dispose of 24.06.2025 and 10.07.2025 for which the same could not be disposed of. Before concluding this order it would be appropriate to mention that the Hon’ble High in BLAPL No.13754/2023, Court of Orissa and BLAPL BLAPL to this Court No.4555/2025 has directed dispose of this case as expeditiously as possible by adhering to the provisions of section 346 of BNSS. No.4427/2025 The ld. Counsel is requested to obtain the order from appropriate authority and till then this case should not be proceeded. Page 2 of 5 Put up the record on 25.08.2025 the accused persons are remanded till then.” (Emphasis Supplied) 5. In view of the allegations made in the transfer petition so also the order dated 25.07.2025 passed by the learned Additional District & Sessions Judge, Kodala, Ganjam, in Sessions Trial No.41 of 2023, vide order dated 02.09.2025, the learned State Counsel was directed to take instruction as to which is the nearby competent Court to try the offences involved in Sessions Trial No.41 of 2023, now pending before the learned Additional District & Sessions Judge, Kodala, Ganjam. 6. Pursuant to such order, Mr. Behera, learned ASC for the State files written instruction received from the learned District Judge, Ganjam, Berhampur vide letter No.11288 dated 04.09.2025 through e-mail, the contents of which are extracted below. “OFFICE OF THE DISTRICT JUDGE, GANJAM, BERHAMPUR Letter No.11288/dtd.04/09/2025 From To Dr. Bhagyalaxmi Rath, O.S.J.S., District Judge, Ganjam, Berhampur The Advocate General, High Court of Orissa, Cuttack. Page 3 of 5 Sub: TRP(CRL) No.77 of 2025, filed by Jogendra Dalei & Others Vrs. State of Odisha & others. Sir, With reference to your office Letter No.41328 dated 02.09.2025 on the subject cited above, I am to inform that the Court of Additional District & Sessions Judge, Kodala is coming under Chhatrapur sub-division in the district of Ganjam. The nearby competent Courts to Additional District & Sessions Judge, Kodala, within in the jurisdiction of Chhatrapur sub-division is the Court of Additional District & Sessions Judge, Khallikote which is 15 Kms. Away from Kodala. The next nearer competent court in the Chhatrapur Sub-division the Court of Judge, Additional District & Sessions Chhatrapur, which is 35 KMs. away from Kodala. is This is submitted for favour of kind information and necessary action. Sd/- District Judge, Ganjam, Berhampur.” (Emphasis Supplied) 7. In view of such instruction submitted before this Court, the prayer made in the transfer petition for transfer of the records in S.T. Case No.41 of 2023, pending in the Court of learned Additional District & Sessions Judge, Kodala is allowed. The learned Additional District & Sessions Judge, Kodala is directed to transmit the case record in S.T. Case No.41 of 2023 to the Court of learned Additional District & Sessions Judge, Khallikote at the earliest, preferably within a period of one week from the Page 4 of 5 date of production of certified copy of this order. 8. On receiving the case record in S.T. Case No.41 of 2023 from the Court of learned Additional District & Sessions Judge, Kodala, Ganjam, the learned Additional District & Sessions Judge, Khallikote shall re-register the said case, if so required, and proceed further in accordance with law. 9. To avoid delay and notice, the Petitioners are directed to make a query themselves or through their Counsel regarding the date and purpose of posting of S.T. Case No.41 of 2023 and participate in the proceeding before the learned Additional District & Sessions Judge, Khallikote. 10. With the said observation and direction, the transfer petition stands disposed of. 11. Office is directed to communicate a copy of this order to the Court of learned Additional District & Sessions Judge, Kodala so also the learned Additional District & Sessions Judge, Khallikote for compliance. 12. Urgent certified copy of this order be granted on proper application as per rules. Prasant Judge (S. K. Mishra) Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 05-Sep-2025 12:42:59 Page 5 of 5