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KAKHETO SEMA, BUDI HABUNG
Xxx – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
(Budi Habung, J.)
Heard Ms. V. Suokhrie, learned Addl. Advocate General along with Ms. S. Mere, learned Senior Government Advocate cum PP, for the State of Nagaland, Mr. A. K. Bhuyan, the learned counsel for the respondent No.2/victim/informant, Mr. A. Sophie, the learned counsel for the accused No. 2, 4, 5, 6 and 7 and Mr. Pakinrichapbo, the learned counsel for the accused No. 3, 8 and 9.
2. This Suo Moto transfer petition has arisen out of the reference made by the Principal District & Sessions Judge, Mokokchung, Nagaland, vide Letter No. PD&SJ/MKG/Estt-1/2023-24/94 dated 17.10.2023 addressed to the Registrar, Gauhati High Court, Kohima Bench, informing that the Government of Nagaland, Department of Law & Justice, Kohima, by an order dated 13.10.2023, has transferred the criminal case GR case no. 34/2023 arising out of Mokokchung PS-II case no. 13/23 under Sections 120B/34/365/302 IPC from Sessions Court, Mokokchung to the Court of Sessions Judge, Dimapur. The letter further stated that under Section 407 of the Code of Criminal Procedure the power of transfer of case is vested only with the High Court, hence, requested to bring the same to the notice of the Hon’ble Hig
The State's transfer of a criminal case without authority under applicable laws violates the right to a fair trial, necessitating judicial intervention.
Jurisdiction for complaints under Section 138 of the N.I. Act lies where the cheque is presented for collection; mere inconvenience does not justify transfer under Section 406 Cr.P.C.
(1) Transfer of criminal trial – Justice will not be done is a prerequisite for transfer of case – Right to a fair trial is a fundamental right under Article 21 of Constitution of India and its impor....
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.
(1) A crime against an individual is to be considered as a crime against a State and public, at large. Petition filed under Section 406 of Code of Criminal Procedure, is maintainable at instance of S....
The High Court has the authority to permit the transfer of cases between Special Courts under the Prevention of Corruption and Money Laundering Acts, despite statutory provisions suggesting otherwise....
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 : Removal and discharge of prisoners - There is no doubt that fundamental right of an under-trial prisoner under Article 21 of Constitution is not absolute. His rights of visitations as ....
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