IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1850 OF 2009 (@ Special Leave Petition (Crl.)No.6671 of 2007)

SURAJ GHISING LAMA ... APPELLANT(S)

VERSUS

STATE OF ARUNACHAL PRADESH & ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

The appellant is an accused in a criminal case charged  

against him and the case is now stated to be pending before the  

Additional Sessions Judge, Yupia in Arunachal Pradesh.   Respondent  

no.2 herein, who is the 4th respondent before the High Court and who  

the de facto complainant, is an Additional Sessions Judge working at  

the Fast Track Court in Panumpare, Arunachal Pradesh.  The appellant  

alleges  that  there  are  only  three  Sessions  Judges  in  Arunachal  

Pradesh and the appellant is not likely to get justice if the trial  

continues in any one of the Sessions Courts in Arunachal Pradesh and  

prays that the case may be transferred out of Arunachal Pradesh.

Heard both sides.

Having regard to the facts and circumstances of the case,  

we are of the view that it is better in the interest of justice that  

the case be transferred out of Arunachal Pradesh.  We also make it  

clear that merely because the case is directed to be transferred, we  

do not assume that 2nd respondent tried to influence or misused here  

office in the pending matter.  The case is thus directed to be

transferred  to  Sessions  Court,  North  Lakhimpur,  Assam.  The  

Additional Sessions Judge, Yupia, Arunachal Pradesh is  requested  

to   send  all  records pertaining to C.R.Case No.03 of 2007 to  the  

Sessions Court, North Lakhimpur, Assam and the State of Assam shall  

make all arrangements to conduct the prosecution of the case in the  

Sessions Court.

Appeal is disposed of accordingly.

..................CJI (K.G. BALAKRISHNAN)

...................J. (P. SATHASIVAM)

...................J. (Dr. B.S. CHAUHAN)

NEW DELHI; 1ST OCTOBER, 2009