LAWS(MEGH)-2021-11-11

DONBOK BUAM Vs. SUPERINTENDENT OF POLICE

Decided On November 25, 2021
Donbok Buam Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) The issue involved in these two cases is one in the same that is with regard to trial of cases before the District Council Court where both parties belongs to the tribal community of the State of Meghalaya. Therefore, it is deemed convenient to take up these cases and to pass a common order.

(2.) The grievance of the Petitioners is that the learned Addl. Deputy Commissioner (Judicial), West Jaintia Hills, Jowai on an application filed by the Petitioners for transfer of a criminal case being GR Case No. 22 of 2018 referred to in Crl.Rev.P. No. 3 of 2021 and GR Case No. 43 of 2018 referred to in Crl.Rev.P. No. 4 of 2021 from the court of the learned Judicial Magistrate, Amlarem Sub-Division to the District Council Court, Jowai, the learned Addl. Deputy Commissioner vide order dtd. 10/3/2021 in both cases has rejected the prayer made. Hence these petitions.

(3.) A brief background of the case is that a complaint was filed against the Petitioners herein by one Smti Baiamonlang Tariang, which case after investigation culminated in filing of the charge sheet and registration of GR Case No. 22 of 2018 u/s 477/188/34 IPC and in another complaint against the Petitioner No.1 herein being GR Case No. 43 of 2018 u/s 506 IPC was instituted before the said Judicial Magistrate, Amlarem.