2009 INSC 1636
                                    SUPREME COURT OF INDIA

                                            Suraj Ghising Lama

                                                      Vs.

                                        State of Arunachal Pradesh

                                          Crl.A.No.1850 of 2009

                (K.G. Balakrishnan CJI., P. Sathasivam and Dr. B.S. Chauhan JJ.)

                                                  01.10.2009

                                                   ORDER

Leave granted.

1. 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.

2. Heard both sides.

3. 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.

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