Suraj Ghising Lama vs State Of Arunachal Pradesh & Anr

SURAJ GHISING LAMA ... APPELLANT(S)

VERSUS

STATE OF ARUNACHAL PRADESH & ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

The appellant is an accused in a criminal case charged

against him and the case is now stated to be pending before the

Additional Sessions Judge, Yupia in Arunachal Pradesh. Respondent

no.2 herein, who is the 4th respondent before the High Court and who

the de facto complainant, is an Additional Sessions Judge working at

the Fast Track Court in Panumpare, Arunachal Pradesh. The appellant

alleges that there are only three Sessions Judges in Arunachal

Pradesh and the appellant is not likely to get justice if the trial

continues in any one of the Sessions Courts in Arunachal Pradesh and

prays that the case may be transferred out of Arunachal Pradesh.

Heard both sides.

Having regard to the facts and circumstances of the case,

we are of the view that it is better in the interest of justice that

the case be transferred out of Arunachal Pradesh. We also make it

clear that merely because the case is directed to be transferred, we

do not assume that 2nd respondent tried to influence or misused here

office in the pending matter. The case is thus directed to be transferred to Sessions Court, North Lakhimpur, Assam. The

Additional Sessions Judge, Yupia, Arunachal Pradesh is requested

to send all records pertaining to C.R.Case No.03 of 2007 to the

Sessions Court, North Lakhimpur, Assam and the State of Assam shall

make all arrangements to conduct the prosecution of the case in the

Sessions Court.

Appeal is disposed of accordingly.

..................CJI (K.G. BALAKRISHNAN)

...................J. (P. SATHASIVAM)

...................J. (Dr. B.S. CHAUHAN)

NEW DELHI;

1ST OCTOBER, 2009