PRABHAT RAJKHOWA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Goswami, learned counsel for the petitioner. Also heard Mr. A. Sahad, learned counsel for respondent No. 2, 3 and 4 and Mr. P Borthakur, learned APP for the State respondent.

(2.) By filing this petition under Sec. 407 of the CrPC, 1973, the petitioner is seeking transfer of CR Case No. 34/2021 from the Court of Sub Divisional Judicial Magistrate (M), Nazira, Sivasagar, Assam to a Court of competent jurisdiction at Jorhat.

(3.) The facts of the case is that the petitioner as complainant filed a complaint case at the Nazira Sub Divisional Court and the same is pending trial before the Sub Divisional Judicial Magistrate (M), Nazira, Sivasagar. The petitioner is suffering from syncope and bifascicular block and accordingly a pacemaker was implanted in him on 9/5/2019. It is the case of the petitioner that after filing of the complaint case, the health of the petitioner has further deteriorated and due to his health condition, the petitioner has not been able to regularly attend the learned Trial Court at Nazira from Jorhat and participate in the proceedings.