Both transfer petition(criminal) 42/2015 and criminal petition 239/2016 were filed by the petitioner against the respondent with almost on same ground, as such they are taken up together and being disposed of by this common order.

2. The petitioner is an accused in Sessions Case no.7/1999 under Section 147/302/209/201/120B/343/325/365/34 of the IPC pending before the learned Sessions Judge, Golaghat. Raising certain grievances that the learned Sessions Judge conducted the proceeding in violation of the prescribed procedure, petitioner has prayed transfer of the case to any other court for adjudication, apprehending that he would not get fair trial from the said court.

3. In criminal petition 239/2016 petitioner prayed quashing of the criminal proceeding in sessions case 7/1999 which is pending before the learned Sessions Judge, Golaghat.

4. The aforesaid sessions case arose out of the FIR dated 2.5.1997 and charge sheet was filed on 10.10.1998. The petitioner, who was the Superintendent of Police, Golaghat at the relevant time, faced trial with twelve persons who were also police officials including two other civilians. Hearing of the said case is completed and now at argument stage and at this juncture the petitioner comes up for transfer of these petitions as well as for quashing of the proceedings. The transfer petition was filed on 14.12.2015 and the criminal petition 239/2015 was filed on 1.4.2016.

5. The contentions raised in both the petitions are almost similar and which can be summarised as below.

6. The aforesaid FIR was filed by one Inspector(CID), Sri Bharat Ch Gogoi, against the present petitioner and four police personnel and after completion of the investigation charge sheet was filed against the thirteen persons mentioned above.

7. The brief facts of the prosecution is that on 9.10.1995 two surrendered ULFA members ~ Pranjal Gogoi and Lachit Gogoi picked up one Jyoti Lohar from the house of one Mantu Gogoi as directed by the then SP Raghvendar Awasthi (petitioner) in a car and brought him to the official residence of petitioner. Thereafter those persons were wrongfully confined by the petitioner in HP Baruah Building popularly known as “bhut bungalow”. As a result of torture and assault made by the present petitioner they got serious injuries on their persons and the said Jyoti Lohar succumbed to his injuries in the said building and his dead body was disposed off by the accused persons to cause disappearance of material evidence. During the course of investigation it had been found that accused R. Awasthi with the assistance of the co-accused had also wrongfully confined ones Zakir Hussain, Dilip Gogoi and Mantu Gogoi alias Manas Pratim Gogoi (business partners of the said deceased Lohar) and tortured all of them. Subsequently the said victims were released by one of the co-accused (police officer) but Jyoti Lohar was tortured till death and his dead body was disposed off with a view to saving themselves from the crime.

8. With the above findings the charge sheet was filed against the accused petitioner and his associates. It is stated in the charge sheet that the above crime was committed at different stages by the accused persons in their private capacity and there is nothing to show that the deceased was picked up and detained in connection with any legal proceeding. The case was committed to the court of Sessions and the prosecution in the meantime examined all the witnesses. Statements of the accused persons were also recorded and the case is now at the argument stage. The prosecution has submitted its written argument.

9. In support of the transfer petition and the quashing proceeding the learned counsel Mr. J. Roy and Ms M. Dev vehemently submitted that the transfer of the trial of the accused petitioner is necessitated due to the attitude and conduct of the trial court ~ conducted the trial in a biased manner ~ causing prejudice to the accused petitioner and creating more than a reasonable apprehens