Research › Search › Judgment

Gauhati High Court · body

2019 DIGILAW 1260 (GAU)

Junu Deka, Daughter of Late Tiken Deka v. State of Assam

2019-11-21

HITESH KUMAR SARMA

body2019
JUDGMENT : Hitesh Kumar Sarma, J. This is a transfer petition (criminal) filed under Section 407 of the Cr.PC seeking transfer of GR Case No. 1257/2008, arising out of Jorhat P.S. Case No. 579/200, under Section 420 of the IPC, pending in the court of the learned Chief Judicial Magistrate, Jorhat to the court of the learned Chief Judicial Magistrate, Kamrup, Guwahati. 2. I have heard Mr. A Tewari, learned Amicus Curiae appearing for the petitioners as well as Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent No. 1. Also heard Mr. D Baruah, learned counsel appearing for the respondent Nos. 2 to 4. 3. The case has been sought to be transferred from Jorhat to Guwahati on the ground that the petitioner No. 2 who is an eye-witness of the occurrence in the case is a very poor man and the custodial violence in respect of the petitioner No. 1 has taken place while in police custody at Jorhat, and therefore, they have security apprehension if they are to face the trial at Jorhat. Due to the apprehension aforesaid, the petitioners have not been able to appear before the learned Chief Judicial Magistrate, Jorhat following which Warrant of Arrest has been issued against both of them. 4. After hearing the learned counsel appearing for the parties and on examination of the grounds taken in the transfer petition, this court is of the view that since the occurrence took place at Jorhat, witnesses hail from Jorhat and as even the petitioners are not hailing from Guwahati, there does not appear any tangible reason for transferring the case to Guwahati. Considering the fact that the witnesses are mostly from Jorhat and in the absence of a very special ground justifying the prayer, this court is not inclined to accede to the prayer. 5. The learned Amicus Curiae, Mr. Tewari, is also fair enough to submit that in the facts and circumstances of the case taken together with the law relevant thereto, the case does not require to be transferred. 6. So considering such facts, the submission made by the learned counsel for the parties including that of the learned Amicus Curiae, this court is not inclined to transfer the aforesaid GR Case No. 1257/2008 to Guwahati and accordingly this petition stands disposed of by way of dismissal. 7. 6. So considering such facts, the submission made by the learned counsel for the parties including that of the learned Amicus Curiae, this court is not inclined to transfer the aforesaid GR Case No. 1257/2008 to Guwahati and accordingly this petition stands disposed of by way of dismissal. 7. The stay granted earlier by this court on 23.12.2009 stands vacated. 8. This Court appreciates the assistance rendered by the learned Amicus Curiae, Mr. A Tewari and directs that an amount of Rs 7,500/- be paid to him as honorarium for his assistance.