JUDGMENT :

Heard Mr. G. Kato, learned counsel for the petitioner and Mr. J.Tsering, learned Public Prosecutor for the State respondents.

2. This is an application under section 482 of the Criminal Procedure Code for Transit Remand be issued for the production of Shri Roni Lishi before the Chief Judicial Magistrate, Kohima, in the matter of GR No. 118/2020, South P.S. Kohima Case No.0024/20 under section-420/468/471 IPC charged against Shri Roni Lishi who is presently remanded at the District Jail Jully, Arunachal Pradesh in connection with Banderwa P/S case No.22/2020 U/s 302/120B/201/279 for the murder of his late wife.

3. A brief background of the petitioners’ case is that the petitioner was approached by the accused for contract works amounting to Rs.192,60,00,000/- (Rupees one hundred ninety-two crores sixty lakhs) only and the petitioner had transferred an amount Rs.60,00,000/-(Rupees sixty lakhs) only to the accused through RT GS since the accused told him that they were allotted the contract work. Later, the petitioner learnt that the firm of the accused was not genuine and the petitioner sent a legal notice for refund of the amount within 30 days to which there was no response. Thereafter the petitioner submitted an FIR against the accused which was registered as GR No. 118/2020, South P.S. Kohima Case No.0024/20 under section 420/468/471 IPC against the accused Shri Roni Lishi. However, he got to know that the accused was arrested andremanded at the District Jail Jully, Arunachal Pradesh in connection with Banderwa P/S case No.22/2020 U/s 302/120B/201/279. For further investigation of the case, a request was made by the case I/o of South P.S. Kohima to the Chief Judicial Magistrate, Kohima, Nagaland that steps may be taken for production warrant and transit remand for 2 (two) days against the accused person Shri Roni Lishi who is at present in District Jail, Jully.

4. Accordingly, the Chief Judicial Magistrate, Kohima, in its order date 14.01.2021 issued production warrant against the accused Roni Lishi. Thereafter, on 06.02.2021, the Chief Judicial Magistrate, Yupia had issued an order for production of the accused Roni Lishi for 2 (two) days before the CJM, Kohima, Nagaland. The order also mentioned that it was the prerogative of the Officer-in-charge, District Jail, Jully to hand over the custody of UTP in view of Section 269 Cr.PC.

5. The Superintendent of Jail, Jully on 6.2.2021, informed the CJM, Kohima that due to the ill health of the accused Lishi Roni and security reasons, the CJM, Kohima may submit requisition to the Sessions Judge, Yupia.

6. In view of letter dated 6.2.2021, the case I/o, South PS Kohima made a prayer to the Session Judge, Yupia Papum Pare, Arunachal Pradesh for granting Transit Remand for 2 (two) days of the accused before the Chief Judicial Magistrate, Kohima. Thereafter, on 12.04.2021, the learned Session Judge after considering prayer made by the applicant was of the view that it was not required to produce the said accused before the Chief Judicial Magistrate, Kohima, at this stage, since the accused Lishi Roni was not arrested in the Nagaland PS and charge sheet not filed. The learned Session Judge noted that the case I/o may make an application before the Court for interrogation of the accused at District Jail, Jully itself and make proper arrest as per the provisions of law. Hence the petition under section 482 Criminal Procedure Code was rejected.

7. Mr. G. Kato, learned counsel for the petitioner submits that in view of section 267 of Cr.PC, the Chief Judicial Magistrate has every jurisdiction to order for the Transit remand of the accused before the Chief Judicial Magistrate, Kohima and that the Superintendent, District Jail, Jully wrongly did not allowed the transit remand due to the fact that the accused was sick and security reasons, however, no such medical report was produced before the Court and that he was facing much hardship due to the none production of the accused Lishi Ron