JUNU DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a transfer petition (criminal) filed under Section 407 of the Cr.PC seeking transfer of GR Case No. 1257/2008, arising out of Jorhat P.S. Case No. 579/200, under Section 420 of the IPC, pending in the court of the learned Chief Judicial Magistrate, Jorhat to the court of the learned Chief Judicial Magistrate, Kamrup, Guwahati.

(2.) I have heard Mr. A Tewari, learned Amicus Curiae appearing for the petitioners as well as Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent No. 1. Also heard Mr. D Baruah, learned counsel appearing for the respondent Nos. 2 to 4.

(3.) The case has been sought to be transferred from Jorhat to Guwahati on the ground that the petitioner No. 2 who is an eye-witness of the occurrence in the case is a very poor man and the custodial violence in respect of the petitioner No. 1 has taken place while in police custody at Jorhat, and therefore, they have security apprehension if they are to face the trial at Jorhat. Due to the apprehension aforesaid, the petitioners have not been able to appear before the learned Chief Judicial Magistrate, Jorhat following which Warrant of Arrest has been issued against both of them.