Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1850 OF 2009
(@ Special Leave Petition (Crl.)No.6671 of 2007)
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
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no.2 herein, who is the 4 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
nd
do not assume that 2 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