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2025 DAILYLAW 12424 (GAU)

MD SAJAHAN ALI @ SRI SAJAHAN @ MR SAHJAHAN ALI v. THE STATE OF ARUNACHAL PRADESH AND 3 ORS.

Tr.P.(Crl.)/22/2025 · 2025-05-18

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010101562025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(Crl.)/22/2025 MD SAJAHAN ALI @ SRI SAJAHAN @ MR SAHJAHAN ALI S/O ABDUL KUDUS R/O VILL- PANDHOWA P.O. GORCHIGA, PIN-787052 P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ARUNACHAL PRADESH AND 3 ORS. REPRESENTED BY THE PP, ARUNACHAL PRADESH. 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM 3:THE SUPERINTENDENT OF POLICE EAST KAMENG DISTRICT PIN-790102 SEPPA ARUNACHAL PRADESH. 4:LONGBO SANGDO S/O LATE DEKIYA SANGDO R/O VILL-CAMP SILLA P.O. BANA PIN-790102 P.S. SEPPA DIST.EAST KAMENG Page No.# 2/3 ARUNACHAL PRADESH Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA Advocate for the Respondent : PP, A P, PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 19.05.2025 Heard Ms. S. G. Baruah, learned counsel for the petitioner. Also heard Mr. M. R. Adhikari, learned Additional Senior Government Advocate, Arunachal Pradesh. This application has been filed under Section 447 of the BNSS, 2023 praying for transfer of the proceedings of GR Case No. 152/2023 from the Court of the Chief Judicial Magistrate, East Kameng, Arunachal Pradesh to the court of the learned Chief Judicial Magistrate, Lakhimpur at North Lakhimpur, Assam. The primary ground taken by the petitioner is that he is a cancer patient and it is difficult for him to travel to Seppa to contest the case. It has also been submitted till now the petitioner has been contesting the case through video conferencing but the learned trial court has insisted upon personal appearance of the petitioner. I have considered the submission made by the learned counsel for both the sides. Considering entire aspect of the matter, this court is of the opinion that the petitioner should be given the opportunity to contest his case through video conferencing. Accordingly, it is hereby directed that, until further order of this court, the petitioner shall continue to contest the case though video conferencing. Further, it is also directed that after completion of examination of the witnesses, the petitioner shall be examined under Section 313 CrPC through video conferencing only and by showing special reasons by the trial court, if necessary, the petitioner shall appear before the trial court personally. However, at the time of delivery of the judgment, the petitioner shall be personally present in the court. Page No.# 3/3 The petitioner has also submitted that he has threats to his life at Seppa. For that matter, the Police authority of Seppa, Arunachal Pradesh shall provide adequate security to the petitioner, as and when the petitioner prays for. With the above, the present criminal petition is disposed of. JUDGE Comparing Assistant