JUDGMENT : Heard Mr. G. Kato, learned counsel for the petitioner and Mr. J.Tsering, learned Public Prosecutor for the State respondents. 2. This is an application under section 482 of the Criminal Procedure Code for Transit Remand be issued for the production of Shri Roni Lishi before the Chief Judicial Magistrate, Kohima, in the matter of GR No. 118/2020, South P.S. Kohima Case No.0024/20 under section-420/468/471 IPC charged against Shri Roni Lishi who is presently remanded at the District Jail Jully, Arunachal Pradesh in connection with Banderwa P/S case No.22/2020 U/s 302/120B/201/279 for the murder of his late wife. 3. A brief background of the petitioners’ case is that the petitioner was approached by the accused for contract works amounting to Rs.192,60,00,000/- (Rupees one hundred ninety-two crores sixty lakhs) only and the petitioner had transferred an amount Rs.60,00,000/-(Rupees sixty lakhs) only to the accused through RT GS since the accused told him that they were allotted the contract work. Later, the petitioner learnt that the firm of the accused was not genuine and the petitioner sent a legal notice for refund of the amount within 30 days to which there was no response. Thereafter the petitioner submitted an FIR against the accused which was registered as GR No. 118/2020, South P.S. Kohima Case No.0024/20 under section 420/468/471 IPC against the accused Shri Roni Lishi. However, he got to know that the accused was arrested andremanded at the District Jail Jully, Arunachal Pradesh in connection with Banderwa P/S case No.22/2020 U/s 302/120B/201/279. For further investigation of the case, a request was made by the case I/o of South P.S. Kohima to the Chief Judicial Magistrate, Kohima, Nagaland that steps may be taken for production warrant and transit remand for 2 (two) days against the accused person Shri Roni Lishi who is at present in District Jail, Jully. 4. Accordingly, the Chief Judicial Magistrate, Kohima, in its order date 14.01.2021 issued production warrant against the accused Roni Lishi. Thereafter, on 06.02.2021, the Chief Judicial Magistrate, Yupia had issued an order for production of the accused Roni Lishi for 2 (two) days before the CJM, Kohima, Nagaland. The order also mentioned that it was the prerogative of the Officer-in-charge, District Jail, Jully to hand over the custody of UTP in view of Section 269 Cr.PC. 5. Thereafter, on 06.02.2021, the Chief Judicial Magistrate, Yupia had issued an order for production of the accused Roni Lishi for 2 (two) days before the CJM, Kohima, Nagaland. The order also mentioned that it was the prerogative of the Officer-in-charge, District Jail, Jully to hand over the custody of UTP in view of Section 269 Cr.PC. 5. The Superintendent of Jail, Jully on 6.2.2021, informed the CJM, Kohima that due to the ill health of the accused Lishi Roni and security reasons, the CJM, Kohima may submit requisition to the Sessions Judge, Yupia. 6. In view of letter dated 6.2.2021, the case I/o, South PS Kohima made a prayer to the Session Judge, Yupia Papum Pare, Arunachal Pradesh for granting Transit Remand for 2 (two) days of the accused before the Chief Judicial Magistrate, Kohima. Thereafter, on 12.04.2021, the learned Session Judge after considering prayer made by the applicant was of the view that it was not required to produce the said accused before the Chief Judicial Magistrate, Kohima, at this stage, since the accused Lishi Roni was not arrested in the Nagaland PS and charge sheet not filed. The learned Session Judge noted that the case I/o may make an application before the Court for interrogation of the accused at District Jail, Jully itself and make proper arrest as per the provisions of law. Hence the petition under section 482 Criminal Procedure Code was rejected. 7. Mr. G. Kato, learned counsel for the petitioner submits that in view of section 267 of Cr.PC, the Chief Judicial Magistrate has every jurisdiction to order for the Transit remand of the accused before the Chief Judicial Magistrate, Kohima and that the Superintendent, District Jail, Jully wrongly did not allowed the transit remand due to the fact that the accused was sick and security reasons, however, no such medical report was produced before the Court and that he was facing much hardship due to the none production of the accused Lishi Roni before the Chief Judicial Magistrate, Kohima.The case involved a huge amount of money amounting to Rs.60,00,000/- (Rupees sixty lakhs)only which was taken by the accused Lishi Roni by committing the offence under section 420/468/471 IPC. 8. The learned Public Prosecutor on the other hand submits that the present accused was charged and presently remanded in the District Jail, Jully in Case No.22/2020, under section U/S 302, 120B. 8. The learned Public Prosecutor on the other hand submits that the present accused was charged and presently remanded in the District Jail, Jully in Case No.22/2020, under section U/S 302, 120B. 201, 279 IPC for the murder of his wife, which is a serious offence filed before the Court of Session that the learned Session Court has rightly observed that the due procedure was not followed since the accused has not been arrested in connection with offence under section 420/468/471 IPCGR No.118/2020, South P.S. Kohima Case No.0024/20 and that chargesheet has not been submitted. Further the learned Court has also been observed that the case I/o on making an application may examine the accused by approaching the accused at District Jail, Jully and therefore the investigation of the case is not hampered or delayed in anyway. 9. The learned Public Prosecutor further submits that the present petitioner has no locus standi to approach this court in this matter, since this is with regard to the prayer made by the case I/o for Transit Remand of the accused for his production before the CJM, Kohima. There is no appeal made by the case I/o against the order dated 12.04.2021 passed by the learned Session Judge, Yupia. The present petitioner is only the complainant against the accused and the matter is being investigated by the case I/o. That the petitioner is not the competent authority to demand the Transit Remand of the accused in the case. 10. Having heard the submissions of both the parties and a perusal of documents on record, I find that no substantive reasons have been made out by the petitioner to interfere with the order dated 12.04.2021 passed by the learned Sessions Judge, Yupia, who has clearly laid out the alternative steps that can be taken for the further investigation of the case, by the case I/o by making such an application for examination of the accused at District Jail, Jully by in view of security reasons. 11. The locus standi of the present petitioner praying for Transit Remand of is also questionable since he is not the investigating officer and the reason why he required the presence of the accused Lishi Roni before the CJM, Kohima is not made out. 11. The locus standi of the present petitioner praying for Transit Remand of is also questionable since he is not the investigating officer and the reason why he required the presence of the accused Lishi Roni before the CJM, Kohima is not made out. No doubt that he is a complaint in the case, however, based on his F.I.R., the accused has been charged under section 420/468/471 IPC, which is now under investigation. At this stage this court finds that if the case I/o has any grievance or if there is any inconvenience in examining the accused Lishi Roni, charged u/s 420/468/471 IPC in GR No. 118/2020, South P.S. Kohima Case No.0024/20 in District Jail, Jully, he may again approach the learned Sessions Judge, Yupia for reconsideration with reasons thereof, or approach any appropriate forum, so that the investigation of the case in not delayed unnecessarily. 12. Having made the above observations, this court finds it fit to dismiss the Criminal Petition No.11/2022 and is accordingly disposed of.