Meghalaya High Court
Shri Yogesh Joshi vs State Of Meghalaya on 7 July, 2017
IN THE HIGH COURT OF MEGHALAYA
AT SHILLONG
TR.P.(CRL.) No. 2 of 2017
1. Shri Yogesh Joshi
S/o Shri Madhav Prasad Joshi,
R/o Ward No. 40, Pratiba Nagar,
District-Churu, P.S. Churu,
Rajasthan.
Presently attached to:
Kendriya Vidyalaya, Air Force Station,
Laitkor Peak, Shillong,
East Khasi Hills District, Meghalaya.
2. Shri Deep Jyoti Das,
S/o Shri Nabin Ch. Das,
R/o Tezpur, P.O. & P.S. Tiniali,
Assam.
.... Petitioners
- VERSUS -
State of Meghalaya represented by
The Chief Secretary to the Government of
Meghalaya, Shillong, Meghalaya
... Respondent
BEFORE
HON'BLE MR JUSTICE VED PRAKASH VAISH
Present
Mr. S. Kumar ... Counsel for Petitioners
Mr. H. Kharmih ... Counsel for Respondents
Date of Hearing ... 07.07.2017
Date of Order ... 07.07.2017
BY HON'BLE MR. JUSTICE V.P. VAISH (ORAL)
ORDER
This is a petition under Section 407 of the Code of Criminal Procedure, 1973 (herein referred as 'Cr.P.C.') read with Article 227 of the Constitution of India for transfer of Special Case TR. P.(CRL.) No. 2 of 2017 Page 1 of 4 No. 11/2017 from the Court of the Special Judge (POCSO), Tura, West Garo Hills District, Meghalaya.
2. The brief facts of the case as set out in the petition are that on 29th September, 2016 the complainants, Ms. Tianna Ch. Momin, Ms. Chelsea R. Marak and the Members of Tura Mothers Union lodged an FIR and the case was registered at Tura Police Station bearing Case No. 42(09)/2016 U/s 354-A/376-C/506/34 Indian Penal Code read with Section 6/8 of POCSO Act against the petitioners. The petitioners were arrested and while they were in custody, they were physically assaulted, humiliated and harassed. The petitioners were produced in District Court at Tura on 30th September, 2016. After completion of police custody remand, the petitioners were sent to District Jail Tura, West Garo Hills District, Meghalaya. Thereafter, the petitioners were transferred to District Jail Shillong. The investigation was not completed within the stipulated period and the petitioners were admitted on bail on 3rd January, 2017.
3. Learned counsel for the petitioners submits that the petitioners were arrested on 30th September, 2016 and while they were in custody they were physically assaulted, humiliated and harassed endangering their lives and security. On 30th September, 2016 when they were sent to District Jail Tura their safety and security were at stake as they were maltreated by the inmates. Learned Special Judge, Tura considered the same and transferred the petitioners to Shillong District Jail, East Khasi Hills District, Meghalaya.
4. Learned counsel for the petitioner also submits that the Tura Bar Association took a decision not to render any legal TR. P.(CRL.) No. 2 of 2017 Page 2 of 4 assistance to the petitioners and also decided not to allow any lawyer from outside to take up the brief of the petitioners and to attend their case. Learned counsel for petitioners also submits that the Special Case No. 11/2017 be transferred from the Court of Special Judge (POCSO), Tura, West Garo Hills District, Meghalaya to any other Court of Meghalaya outside the territorial jurisdiction of Garo Hills District, Meghalaya.
5. Mr. H. Kharmih, learned Addl. P.P. for State appearing on behalf of the respondent fairly concedes that the request for transfer of the case is genuine.
6. I have considered the submissions made by learned counsel for petitioners and learned Addl. P.P. for State.
7. The apprehension of the petitioners is derivative from the activities of the inmates while the petitioners were in custody. Further, according to the petitioners Tura Bar Association has taken a decision that they will not render any legal assistance to the petitioners and also decided not to allow any lawyer from outside to defend the petitioners.
8. Having considered the facts and circumstances of the case and submissions made by learned counsel for petitioners as well as learned Addl. P.P. for State, the request for transfer of the case appears to be conducive to a fair trial. Accordingly, Special Case No. 11/2017 is withdrawn from the Court of Special Judge (POCSO), Tura, West Garo Hills District, Meghalaya and transferred to the Court of Special Judge (POCSO), Nongpoh to proceed in accordance with law.
9. It is stated by the learned counsel for the petitioners that the matter is listed on 14.07.2017. The petitioners are directed TR. P.(CRL.) No. 2 of 2017 Page 3 of 4 to appear before the learned Special Judge (POCSO), Nongpoh on 14.07.2017.
10. A copy of this order be sent to the learned Special Judge (POCSO), Tura, West Garo Hills District, Meghalaya as also to learned Special Judge (POCSO), Nongpoh to do the needful in the matter.
11. The petition stands disposed of accordingly.
JUDGE Dated, the 07th July, 2017 V. Lyndem TR. P.(CRL.) No. 2 of 2017 Page 4 of 4