p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.76 of 2025 Punia Nahak & another …. Petitioners Mr. S. Senapati, Advocate -versus- State of Odisha …. Opposite Parties Mr. P.P. Behera, Additional Standing Counsel CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 04.09.2025 01. 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.17 of 2024, arising out of G.R. Case No.514 of 2023, corresponding to K.S. Nagar P.S. Case No.526 of 2023, now pending in the Court of 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.17 of 2024, pending before the learned Additional District & Sessions Judge, Kodala, Ganjam, being p. 2 relevant, is extracted below. “This record is put up today. The UTPs Punia Nahak and Gagan Nahak are produced. The accused persons Rusia Nahak, Amara Nahak and Mohan Nahak are present. The learned counsel for the accused persons Punia Nahak and Gagan Nahak has filed a petition that they think it will not just and proper the petition should be decided by this court and in that event they will be highly prejudiced. The ld. Counsel has made an endorsement that the ld. Addl. PP refuse to receive the application. The ld. Counsel Sri Biranchi Narayan Mohapatra submits before this Court that he wants to transfer this record to another court for trial. The parties are at liberty to make such application before the appropriate authority. Under this circumstance this Court does not feel proper to dispose of the application. The learned conducting counsel is requested to approach the appropriate forum for the aforesaid purpose. The UTPs are remanded till then. Put up the record on 25.08.2025 for further order.” (Emphasis Supplied) 5. It is relevant to mention here that, in TRPCRL No.77 of 2025, which is also on board, a similar prayer being made on similar ground, an order was passed on 02.09.2025 directing the learned State Counsel to take instruction as to which is the nearby competent Court to try the offences involved in Sessions Trial No.41 of 2023, 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 p. 3 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 Dr. Bhagyalaxmi Rath, O.S.J.S., District Judge, Ganjam, Berhampur To The Advocate General, High Court of Orissa, Cuttack. 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 is the Court of Additional District & Sessions Judge, Chhatrapur, which is 35 KMs. away from Kodala. This is submitted for favour of kind information and necessary action. Sd/- District Judge, Ganjam, Berhampur.” (Emphasis Supplied) p. 4 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.17 of 2024, 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.17 of 2024 to the Court of learned Additional District & Sessions Judge, Khallikote at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 8. On receiving the case record in S.T. Case No.17 of 2024 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 notices, 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.17 of 2024 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. p. 5 12. Urgent certified copy of this order be granted on proper application as per rules. Prasant (S.K. MISHRA) JUDGE Designation: Junior Stenographer Location: High Court of Orissa, Cuttack.