STATE OF MEGHALAYA REPRESENTED BY SECRETARY TO GOVT OF MEGHALAYA Vs. CENTRE DOLOI

JUDGEMENT

(1.) This transfer petition bearing TR. P.(CRL.) No. 2 of 2016 under Section-407 of the Code of Criminal Procudure, 1973 (for short 'Cr.P.C.') has been filed by the petitioners, State of Meghalaya praying that Session Case No. 149 of 2015 corresponding with Nongpoh P.S. Case No. 28 (1) 2015 U/S 306 I.P.C. may be transferred to any court of competent jurisdiction.

(2.) The CRL. M.C. No. 23 of 2016 has been registered on the basis of letter dated 05.09.2016 sent by Spl. Superintendent of Police, (CID), Meghalaya stating therein that the learned Sessions Judge, Nongpoh has observed in his order dated 12.07.2016 that Special Public Prosecutor is related to him and he has recused himself from the case. It has also been indicated in the said letter that application was filed before the same judge for transferring of the case to Shillong whereupon, learned Sessions Judge, Nongpoh has observed that he has no power to order for such transfer and the state counsel was instructed to withdraw the said petition. It was opined by the learned counsel for the State that appropriate remedy was to approach the High Court under Section-407 of the Cr.P.C. for transfer of the Session Case.

(3.) Since both the petitions are between the same parties and involve similar question i.e. transfer of Session Case No. 149 of 2015 corresponding with Nongpoh P.S. Case No. 28 (1) 2015 U/S 306 I.P.C., both petitions are disposed of by this common order.