XXX Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. V. Suokhrie, learned Addl. Advocate General along with Ms. S. Mere, learned Senior Government Advocate cum PP, for the State of Nagaland, Mr. A. K. Bhuyan, the learned counsel for the respondent No.2/victim/informant, Mr. A. Sophie, the learned counsel for the accused No. 2, 4, 5, 6 and 7 and Mr. Pakinrichapbo, the learned counsel for the accused No. 3, 8 and 9.

(2.) This Suo Moto transfer petition has arisen out of the reference made by the Principal District and Sessions Judge, Mokokchung, Nagaland, vide Letter No. PD&SJ/MKG/Estt-1/2023-24/94 dtd. 17/10/2023 addressed to the Registrar, Gauhati High Court, Kohima Bench, informing that the Government of Nagaland, Department of Law and Justice, Kohima, by an order dt. 13/10/2023, has transferred the criminal case GR case no. 34/2023 arising out of Mokokchung PS-II case no. 13/23 under Ss. 120B/34/365/302 IPC from Sessions Court, Mokokchung to the Court of Sessions Judge, Dimapur. The letter further stated that under Sec. 407 of the Code of Criminal Procedure the power of transfer of case is vested only with the High Court, hence, requested to bring the same to the notice of the Hon'ble High Court for necessary direction. The Registrar, Gauhati High Court, Kohima Bench, Nagaland, had then referred the same to the Principal Seat of the Gauhati High Court at Assam vide his letter dtd. 17/10/2023 for bringing the same into the notice of the Hon'ble the Chief Justice for decision on the administrative side. The Hon'ble Gauhati High Court in administrative side then conveyed the approval and requested the Registrar, Gauhati High Court, Kohima Bench for registration of Suo Moto transfer petition. Hence, this Suo-Moto Transfer petition.

(3.) Notices were issued to all concerned including the informant/victim's family and all the accused persons and in the meantime, pending disposal of the Suo moto transfer petition, the trial proceeding of the GR case no. 34/23 arising out of Mokokchung PS-II Case no. 13/23 under Sec. 120B/34/365/302 IPC pending before the Principal District and Sessions Judge, Mokokchung, Nagaland, was stayed.