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KAKHETO SEMA
Reny Wilfred – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
HON'BLE MR. JUSTICE KAKHETO SEMA
Heard Mr. A. Zho, learned counsel for the petitioner and Mr. K. Angami, learned P.P. for the State respondent No.1. Also heard Ms. Apila Sangtam, learned counsel for the respondent No. 2 & 3.
2. The present petition has been filed under section 407 of the Code of Criminal Procedure, 1973 seeking for transfer of State Crime Police Station (SCPS) Case No. 04/2021 under section 354/376/511 IPC r/w section 8 & 10 of POCSO Act, 2012 (corresponding to G.R No. 58/2021) from the Special Court (POCSO) Tuensang, Nagaland, to any other Special Court (POCSO) within the State of Nagaland.
3. The case in brief is that the respondent No. 2 & 3 on 28/07/2021 lodged the FIR before the Officer-in-Charge, Noklak Police Station, Nagaland, alleging that the petitioner who was then serving as the Deputy Commissioner, Noklak, had molested them while they were working in the residence of the petitioner.
4. That based on the complaint, the Noklak P.S Case No. 08/2021 U/S 354/511/376 IPC r/w Section 8 & 10 POCSO Act was registered against the petitioner on 01/08/2021. However, for effective monitoring of the case, the Police Headquarter (PHQ), Nagaland, Kohima, constit
The main legal point established in the judgment is the distinction between transfer of investigation and transfer of a proceeding at the stage of investigation, and the exercise of inherent powers u....
Point of Law : An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has t....
The State's transfer of a criminal case without authority under applicable laws violates the right to a fair trial, necessitating judicial intervention.
The court established that a mere allegation of bias or apprehension of injustice is insufficient for transferring a case; there must be reasonable and substantiated grounds for such a request.
Point of Law : An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has t....
The principle that justice should not only be done but it should be seen to be done, and the threshold of reasonable apprehension of bias in a criminal case.
Allegations of bias against a judicial officer require substantial proof; mere suspicion is insufficient to justify case transfer under Section 447 of the BNSS.
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