Decided on October 31,2018

Nabam Eka Appellant
Central Bureau Of Investigation (E) Respondents


Mir Alfaz Ali, J. - (1.) In this petition u/s 407 Cr.P.C., the petitioners pray for transfer of Behali P.S. Case No. 8/2014, registered as Sessions Case No. 312/2017, under Sections 147/148/149/447/325/307/302 IPC read with Section 25 (1) (a)/29 of the Arms Act, from the Court of learned Addl. Sessions Judge No. 2, Kamrup (Metro), Guwahati to the Court of Sessions Judge, North Lakhimpur in the district of Lakhimpur.
(2.) The petitioners are the accused persons in the aforementioned sessions case. One Rajiv Gohain lodged an FIR on 30-01-2014 before the officer-in charge of Behali Police Station alleging that a mob of 100 to 150 persons from Arunachal Pradesh armed with various weapons including guns, dao etc, trespass into the village Chawalduwa near Assam-Arunachal border and attacked the villagers, which left ten persons dead and many injured. On the basis of the said FIR, Behali P.S. Case No.8/2014 under Sections 147/148/149/447/325/307/302 IPC read with Section 25 (1) (a)/29 of the Arms Act was registered. Subsequently, a number of FIRs were lodged by various persons of the village in connection with the said incident. The investigation of the case was handed over to the CBI by the State Govt. After completion of investigation, the CBI submitted charge-sheet before the Special Judicial Magistrate, Guwahati and eventually the learned Special Judicial Magistrate committed the case to the court of Sessions Judge, Kamrup (Metro) and learned Sessions Judge made over the case to the court of learned Addl. Sessions Judge No. 2 for trial.
(3.) Though the occurrence took place within the territorial jurisdiction of the court of sessions at Biswanath Chariali, the learned Spl. Judicial Magistrate, before whom the charge-sheet was laid by the CBI being subordinate to the learned Sessions Judge, Kamrup (Metro), the case was committed to the court of sessions, Kamrup (Metro).;

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