K M MATHEW Vs. P K THUNGON

JUDGEMENT

(1.) The Opposite party filed a complaint petition for prosecution of the accused petitioner alleging commission of offence under S.120B, I.P.C. read with Sections 500/501/502, I.P.C. and Sections 500/501/502, I.P.C. in the Court of the learned Judicial, Magistrate, Bomdila.

(2.) The learned Magistrate on perusal of the complaint and initial statement and evidence of some witnesses on behalf of the complainant, registered case C.R. 26 of 1988 under S.120B, I.P.C. read with Sections 500/501/502, I.P.C. and under Sections 500/501/502, I.P.C. and issued summons to the accused petitioners on 2-6-88. After receipt of the summons from the Court of the learned Magistrate, the accused petitioner filed a transfer petition in the Hon'ble Supreme Court praying for transfer of the case from Bomdila to New Delhi or any other State and the petition was registered as Transfer Petition (Criminal) No. 90 of 1938 in the Hon'ble Supreme Court. The Hon'ble Supreme Court after hearing both sides by order dt. 25-1-89 dismissed the petition. The petitioner did not appear in the Court of the learned Magistrate and instead filed the Criminal Revision No. 80 of 1989 in this Court under S.482, Cr. P.C. for quashing the proceeding of C.R. Case No. 26 of 1988 pending in the Court of learned Magistrate, Bomdila.

(3.) The Criminal Revision No. 80/89 was moved before me on 22-2-89 and after the petition was heard for a considerable time a prayer being made by the counsel of the petitioner to place some other decisions of the apex Court in support of his contention, the petition remained part heard and posted on 23-2-89 but on the prayer of the petitioner the matter was not taken up. On 27-2-89, again an the prayer of the petitioner, hearing, was passed over for the day. On 28-2-89 on the prayer of the petitioner further hearing of the petition was adjourned for a week. Although the petition was heard in part. It appears that on 15-3-89 on behalf of the petitioner an attempt was made to move the petition before the Court presided by Hon'ble Mr. Justice Manisana. In view of the fact that the matter was heard by me, the following order was passed on 15-3-1989 by Hon'ble Mr. Justice Manisana - "Let the matter be posted before Hon'ble Mr. Justice S.K. Homchoudhuri today, if possible."