MAGUNI CHARAN BEHRA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The present Application U/S 407 CrPC has been filed for transfer of the G.R.Case No. 432/2013 pending before the Chief Judicial Magistrate, Papumpare at Yupia from said Court to any other Court of Assam preferably to North Lakhimpur District.

(2.) Heard Mr.A.K.Purkayastha, learned counsel for the accused petitioner, Mr. N. N. B. Choudhury, learned Sr. Govt Advocate, appearing for the State of Arunachal Pradesh and Mr. S.K.Deori, learned Standing Counsel Rajeev Gandhi University.

(3.) The petitioner while working as a Director, Arunachal Institute of Tribal Service (AITS) of Rajeev Gandhi University (RGU) as on 9.10.2013 complainant Miss Isha Basar, a Ph.D. scholar of AITS, RGU along with two others viz. Ms. Maya Pulu, M.Phil, RGU and Ms. Tobom Loilen, M.Phil RGU lodged a complaint before the Vice-Chancellor, Rajiv Gandhi University, stating inter alia that on 7th October, 2013 at about 1.30 pm Prof M.C.Behra called Ms. Isha Basar to his private quarter at RGU campus to give her some study materials. When she reached his quarter there was no one else, then the present petitioner molestated her to which she somehow escaped. When she recounted the incident to other two research scholars named above, came to know that they have also undergone similar experiences. They made a complaint before the authority concerned of Rajeev Gandhi University and the same was forwarded to All Woman Police Station, Itanagar which was registered as Itanagar P.S.Case No. 57 of 2013 U/S 354/34 IPC. On completion of the investigation Chargesheet was laid against the accused petitioner U/S 354/354(A)(1)(i)/342 IPC and the case came up for trial before the learned CJM, Papumpare and after receipt of the summons from the learned CJM, Yupia he appeared before the Court as on 12.8.2014 and obtained regular bail but as and when he went out from the Court premises and about to proceed to Naharlagun then a group of persons who were seen in the Court premises suddenly surround and assaulted him and told him that on the next date he should admit the allegation levelled against him and also told him to tender his resignation from the post otherwise they will take stern action. Again on 9.10.2014 when he proceeded to Naharlagun to meet his counsel to know about the stages of the case and reached Naharlagun at about 11 a.m. then he was compelled to get down from the bus by a group of people/students whom he did not know ghareoed and assaulted him and asked him to straight go to the University and tender resignation from his post and leave Arunachal Pradesh forever otherwise they will kill him and they left the place. After receiving such threat from said group of persons he hired a vehicle and left for North Lakhimpur out of fear without meeting his counsel.