JUDGMENT : S. Pujahari, J. - Heard. 2. This petition has been filed by the petitioners seeking transfer of S.T. Case No. 51/77 of 2005 from the Court of learned C.J.M.-cum-A.S.J., Nayagarh to any competent Court at Cuttack for fair trial as they apprehend danger to their lives in attending the Court at Nayagarh. 3. Learned counsel appearing for the petitioners submits that the petitioners are now staying at Cuttack and they being ladies, it is difficult on their part to attend the Court at Nayagarh for the purpose of the case. Further, opposite party No. 2-accused along with his friends threatened the petitioner No. 2 when she went to the Court at Nayagarh. In such premises, the petitioners apprehend danger to their lives in attending the Court there, as such there cannot be a fair trial at Nayagarh and therefore the aforesaid case be transferred to any Competent Court at Cuttack in the interest of justice, submits the learned counsel for the petitioner. 4. Perusal of the record in this case would go to show that the petitioners have not substantiated their aforesaid allegation i.e. threatening extended to them prima facie in this case. Therefore, this Court is of the view that the ground on which the petitioners have sought for transfer of the case, is without any substance. In such premises, this Court does not want to exercise its jurisdiction under Section 407 of Cr. P.C. to transfer the case as prayed for. The same is more so in view of the settled position of law that the normal course of things should not be lightly interfered with and the case should be allowed to be tried by the Court which had territorial jurisdiction. Hence, this TRPCRL filed seeking transfer of the aforesaid case is devoid of merit and as such stands dismissed. 5. However, it is observed that if the facts and circumstances give rise to any genuine apprehension of threat or coercion to the petitioners or any of their witnesses in the hands of the accused person in appearing and deposing in the Court concerned in connection with the case in question, the petitioners may approach in writing to the Superintendent of Police, Nayagarh for police protection well ahead i.e., at least fifteen days prior to the date of their presence before the Court concerned for the purpose of the case.
Needless to say that if such an approach is made and the Superintendent of Police, Nayagarh finds the same to have substance, necessary police protection may be provided to the petitioners and their witnesses. 6. With this aforesaid order, this TRPCRL stands disposed of. 7. Interim order passed earlier stands vacated. Registry is directed to communicate this order to the Trial Court forthwith. Final Result : Disposed Of