TRPCRL/16/2026 of DHANAJAY TANDI Vs STATE OF ODISHA on 11 May 2026

ORDER

11.05.2026 (Hybrid Mode)

04.

1. The petitioner by filing the application seeks transfer of GR case No.504 of 2019 corresponding to Dabugaon P.S. case No.166 of 2019 pending before the learned J.M.F.C., Umerkot to the learned J.M.F.C., Dharmagarh under section 407 of Cr.P.C. (since repealed and substituted by the parimateria provision contained in BNSS, 2023).

2. It is fairly submitted by the learned counsel for the petitioner that as per the allegation and the F.I.R. the occurrence was at Dabugaon and accordingly, the matter is pending before the Court at Umerkote.

It is submitted that the petitioner’s residence is at about hundred kilometers at Dharmagarh for which he is facing difficulty. Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: OHC Date: 14-May-2026 20:15:18 Signature Not Verified

3. By order dated 24.02.2026, after hearing the learned counsel for the petitioner at some length, the following was observed: “3. In considered opinion of this Court whether the place of residence of the accused can be the factor for transferring a trial becomes an issue to be delved into in the present case.

4. Learned Addl. Govt. Advocate submits that earlier the petitioner has approached this Court in CRLMC No.3728 of 2025. In the said proceeding, the Coordinate Bench by order dated 10.12.2025 has been pleased to direct the proceeding pending before the learned J.M.F.C., Umerkot to be disposed of as expeditiously as possible.

5. It is submitted that after a direction is issued by this Court for expeditious disposal if prayer for transferring the matter is allowed that would be in conflict with the earlier direction which was issued as prayed for by the petitioner.

6. Learned counsel for the petitioner has adjournment to address on the said aspect.”

4. Today, the learned counsel for the petitioner was heard further. He submits that this Court may pass orders for hearing of the matter by the Coordinate Bench which had considered the CRLMC No.3728 of 2025 and disposed of the same by order dated 10.12.2025.

5. In considered opinion of this Court such prayer has to be rejected inasmuch as an application for transfer of a criminal matter under section 407 of

Cr.P.C. (since repealed and substituted by the parimateria provision contained in section 447 of BNSS, 2023) is within the determination of this Bench. Therefore, the matter having been assigned to this Bench cannot be directed to be taken up by another Bench as sought for by the learned counsel for the petitioner.

6. In response to the propositions as noted by order dated 24.02.2026, the learned counsel for the petitioner reiterates his submissions that the petitioner’s residence is at about 100 Kms. at Dharmagarh, therefore, it should be transferred to a Court at Dharmagarh.

7. In considered view of this Court, the trial cannot be directed to be before the Court nearest to the place of residence of the person facing trial. Rather which would be contrary to the provisions regulating procedure before the trial Court i.e. Cr.P.C./BNSS, there is no such provision in Cr.P.C./BNSS, 2023.

8. The trial has been initiated and is continuing before the Court having territorial jurisdiction. Accordingly, the prayer made in the application for transfer of G.R. No.504 of 2019 pending before the learned J.M.F.C., Umerkot has to be and is rejected.

The petition is disposed of.

(Mruganka Sekhar Sahoo) Judge Rajesh