JAMUNA DEVI Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) The matter relates to taking of the suo motu revision against the order dated 17.6.2005 passed by the learned Sessions Judge, Tinsukia in Transfer Petition No. 3/2005 whereby the Sessions Case No. 68(T)/02, which was pending in the court of the Additional Sessions Judge (FTC No.2), Tinsukia was withdrawn and transferred to the court of the Additional Sessions Judge (FTC) No.l), Tinsukia.

(2.) Srimati Jamuna Devi was the com- plainant in that Sessions trial and while the trial was proceeding before the learned Additional Sessions Judge (FTC) No.2), two accused persons namely, Gautam Bora and Prabin Tamuli filed the Misc. (Crl.) Transfer Petition No.3/2005 before the learned Sessions Judge, Tinsukia under section 408/ 409 Cr.P.C. for transfer of the said case from the trial court to any other court, wherein certain allegations were made against the trial court. The learned Sessions Judge, upon hearing both the sides, allowed the petition vide order dated 17.6.2005 and transferred the case as stated above, to the court of the learned Additional Sessions Judge (FTC No. 1), Tinsukia.

(3.) The complainant/informant Smt. Jamuna Devi, thereafter, filed an application before hon'ble the Chief Justice of this court alleging that the impugned order passed by the learned Sessions Judge, Tinsukia is in violation of the law laid down by this court in the case of Subrata Paul v. Smt. Ratna Gope