Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(CRL) No.113 of 2024
Sabita Barada …. Petitioner Mr. Rabindra Nath Barik, Advocate -versus- State of Odisha …. Opposite parties
Mr. Santosh Kumar Brahma, ASC
CORAM:
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
03.
ORDER 19.02.2025
This matter is taken up through Hybrid Mode.
2. The petitioner has filed this petition under Section 447 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS) read with Section 407 of Cr. P.C., 1973 seeking transfer of T.R. Case No.1 of 2024 (arising out of Sarankul P.S. Case No.68 of 2024 under Section 20(b)(ii) of NDPS Act) stated to be pending before the Court of the learned Special Judge-cum-Additional Sessions Judge, Odagaon in the district of Nayagarh to any other Court in Nayagarh.
3. It is submitted at the Bar that as per under Section 408 of the Code of Criminal Procedure/Section 447 of the Bharatiya Nagarik Surakshya Sanhita, the Sessions Judge has the jurisdiction to transfer the case from one Criminal Court to another Criminal Court in his Sessions Division. Therefore, learned counsel appearing for the petitioner, by filing a memo in Court today submitted that he may be permitted to withdraw this transfer petition with liberty to approach the appropriate Court for ventilating her grievance. The said memo is taken on record.
4. Learned Additional Standing Counsel appearing for the State-Opposite Party has no objection.
5. In view of the aforesaid, the TRP (CRL) stands disposed of with liberty to the petitioner to approach the appropriate Court to ventilate grievance for transfer of her case from one Criminal Court to another within the jurisdiction of the learned Sessions Court, Nayagarh.
(M.S. Raman) Judge Laxmikant
Designation: Senior Stenographer