IMPORTANT POINT
A transfer of a criminal case under Section 407 of the CrPC requires a demonstrable and reasonable apprehension of injustice, which must be substantiated by concrete evidence rather than mere speculation or public sentiment.

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, constituted a Special Investigation Team (SIT) comprising of the Police Officers namely, i) Smti. Roopa M, IPS, DIG (CID/HR & SJ), Nagaland, Kohima as Team Leader, ii) Smti. Achetla Ao, Commandant 2nd NAP Bn. Alichen as SIT Member, iii) Smti. Tingbem Thomsong, UBI, SIT Member and I/O of the case and iv) Shri. I.Yongkongtoshi, UBSI, DEF Tuensang as SIT Member. The case was thereafter re-registered as SCPS Case No. 04/2021 u/s 354/376/511 IPC r/w section 8 & 10 of POCSO Act, 2012.

5. That the petitioner was granted interim pre-arrest bail by the Gauhati High Court, Kohima Bench on 26/11/2021 and the same was made absolute on 20/01/2022. On completion of the investigation of the case by the Police, the charge-sheet was filed against the petitioner on 02/12/2021 u/s 354A/354B IPC and u/s 10 & 12 of POCSO Act, 2012 and submitted in the Court of the learned Special Judge (POCSO) Tuensang, Nagaland. In the charge-sheet, the investigation reveals that the alleged molestation occurred in between 03/02/2021 to 06/02/2021 and the respondent No. 2 & 3 were minors aged 17 & 14 years respectively.

6. That the learned Special Judge (POCSO) Tuensang, thereafter on 25/03/2022 fixed the case for consideration of the charge and on which date the petitioner appeared before the Court along with the learned counsel and denied the charges. It is only consequent thereto that the petitioner has filed the present petition praying for transfer of the case.

7. Mr. A. Zho, the learned counsel for the petitioner submits that after the alleged incident and even before the filing of the FIR, the petitioner has received life threatening called from an unknown person from Mobile No. 9362725134, however no action has been taken by the Police at Noklak to track/ascertain the identity of the unknown caller. Mr. A. Zho also submits that even before the FIR was registered by the Police in the case a misleading news was telecast in the Hornbill T.V on 30/07/2021 stating that the Police has registered the FIR against the petitioner. Such misinformation, the learned counsel submits was broadcast to instigate the public and to harm the petitioner. The learned counsel also submits that on 03/08/2021, the Khiamniungan Menyiu Hoikam (hereinafter referred to as ‘KMH’), i.e. the Khiamniungan Tribe Women Organization took out a protest rally at Noklak town against the petitioner and the same was widely published in the Hornbill T.V as well as in the local media. Mr. A. Zho further submits that on 10/08/2021, the KMH took out a mass protest rally demanding stern action against the petitioner and also called upon His Excellency the Governor of Nagaland for immediate intervention in the matter. Such protest was telecast in the Hornbill T.V channel. It is also submitted that on 17/09/2021 there were reports in t