Page No.# 1/3 GAHC010080582025 2025:GAU-AS:7484 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(Crl.)/17/2025 SHRI K K YANGFO AND ANR SON OF RADAP YANGFO, RESIDENT OF VILLAGE BHALUKPONG, WEST KAMENG, MODEL VILLAGE BHALUKPONG CIRCLE, DIST. WEST KAMENG, BHALUKPONG, ARUNACHAL PRADESH 2: SHRI KONIANG YANGFO SON OF RADAP NYANGFO RESIDENT OF VILLAGE BHALUKPONG WEST KAMENG MODEL VILLAGE BHALUKPONG CIRCLE DIST. WEST KAMENG BHALUKPONG ARUNACHAL PRADESH BOTH PETITIONERS ARE THE PARMANENT RESIDENT OF VILLAGE SEWANG KOLORING SARLI CIRCLE KURUNG KUMEY ARUNACHAL PRADESH VERSUS CENTRAL BUREAU OF INVESTIGATION (CBI) ACB, GUWAHATI, KAMRUP (METRO), ASSAM Advocate for the Petitioner : MR B KAUSHIK, MR. P BORAH,MR. S HAZARIKA,MS. K HAZARIKA Advocate for the Respondent : SC, CBI, BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.06.2025 Heard learned counsel, Mr B Kaushik, for the petitioners, Shri K K Yangfo and Page No.# 2/3 Another, and Ms M Kumari, learned Standing Counsel, CBI. 2. This petition has been filed under Section 447 of the BNSS, 2023, with prayer to transfer the Special Case No. 3/2024, arising out of CBI ACB Guwahati Case No. RC0172018A0014 [RC14)(A)/2018-GWH], pending in the Court of the learned Special Judge, CBI, Guwahati, Assam, and registered under Sections 120B IPC, read with Sections 11, 12 and 13 (1) (d) of the PC Act, 1988. 3. It is submitted on behalf of the petitioner that although the CBI in Assam was the investigating agency, the cause of action arose at Arunachal Pradesh. 4. The offence if succinctly described is that the petitioners have failed to supply vegetables, eggs and other produce, to different districts of Arunachal Pradesh, as per the terms and agreement of contract between the petitioners and the 556 Army Supply Corps. Battalion, Likabali, Arunachal Pradesh. There are also allegations of acceptance of illegal gratification by the petitioners. The petitioners had earlier approached the learned Special Judge for transfer of the entire case to Arunachal Pradesh. 5. It is further submitted that all the witnesses and the accused are also from Arunachal Pradesh. Learned Special Judge, CBI, who does not have the jurisdiction has rejected the petitioner’s prayer for transfer of this case to Arunachal Pradesh. 6. It is also submitted at the Bar that the District and Sessions Judge, Yupia, is designated as the Special Judge to try all offences under the PC Act, investigated by the CBI. The Court with proper jurisdiction will be the Court of the learned Special Judge, i.e., the Sessions Judge, Yupia. Page No.# 3/3 7. Learned Standing Counsel, CBI has no objection. It is submitted at the Bar that this Court can very well transfer this case to the Court of Special Judge at Yupia, as the Court at Yupia falls under the Itanagar Bench. 8. I have considered the submissions at the Bar. 9. It appears that this Court can transfer the aforementioned case to the Court of Special Judge-cum Sessions Judge at Yupia. The witnesses are from Arunachal Pradesh where the cause of action arose. The learned Standing Counsel, CBI, has no objection. Thereby, the Special Case No. 3/2024, arising out of CBI ACB Guwahati Case No. RC0172018A0014 [RC14)(A)/2018-GWH], is transferred to the Court of the Special Judge, CBI, at Yupia, as the place of occurrence is at Likabali in Arunachal Pradesh. 8. As both the parties are present, the parties are directed to appear before the learned Special Judge, Yupia (-cum- Sessions Judge, Yupia), within 30 days from the date of this order. JUDGE Comparing Assistant