SHRI KIRSHNA SINGH Vs. THE UNION TERRITORY OF MIZORAM

JUDGEMENT

(1.) THIS is a petition for transfer of the case being GR case No. 256 of 1978 pending in the Court of Additional District Magistrate, Aizawl. The Petitioner who belongs to a battalion of CRPF stationed at Aizawl was driving a vehicle of the CRPF along Silchar -Aizawl Road amidst a convoy of CRPF vehicles in the morning of 12.6.73. As he drove the vehicle near at village called Siphir, the vehicle met with an accident as a result of which a cyclist got severely injured and after being hospitalised be succumbed to the injuries. A police case was started and the accused was arrested and produced before the Additional District' Magistrate, Aizawl, He was enlarged on bail afterwards. After investigation, charge -sheet was submitted against the accused for offences) under Section 279 and 304A I.P.C. from enquiry the learned Magistrate charged lite accused Petitioner, under those suctions of the I.P.C. This petition under Section 407 Code of Criminal Procedure has been profaned alleging the following circumstances.

(2.) THE aforesaid incident was not known to the Petitioner the convoy party who drove past Siphir village without caused any accident. But in course of driving the vehicle along other CRPF vehicles, as the accused Petitioner reached a piece named Lungdai towards Silchar from Aizawl, all the vehicles stopped for the purpose of taking some light refreshment by rivers and the CRPF personnel, when some civilian people (sic) ted there in another vehicle of the CRPF. These people in an angry and excited mood and charged the convey with knocking down ft cyclist who was a school student (sic) about 19 years. Those people further pointed out the (sic) which was being driver by the Petitioner as the one caused the accident. The angry mob forced the Petitioner drive his vehicle back towards Aizawl, The Officer in -charge e police outpost at Baibougkawn rushed to the spot and to pacify the people. Meanwhile the Commandant of the, battalion of the CRPF arrived there and seeing the situation the Commandant asked the accused Petitioner to report to Aizawl Police Station where he reached along with those civil people and the said officer in charge. He surrendered to the police there and was later enlarged on bail of Rs. 20,000/ -.

(3.) IT is found that while the Petitioner apprehends danger of his life at Aizawl where he has to remain present in connection with the criminal case against him, he is also apprehending that ho might not get fair and impartial justice there In that Court firstly, because he will not be able to take proper steps for his defence due to the surcharged atmosphere and secondly, because the Court might be influenced by the agitation of people said above.