Gauhati High Court
Tr.P.(Crl.)/21/2022 of MASTUFA HUSEN AND 2 ORS. Vs MAHAMADUR RAHMAN AND ANR. on 12 August 2026
GAHC010150882022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(Crl.)/21/2022 MASTUFA HUSEN AND 2 ORS. S/O ABDUL KARIM R/O VILL- PIROTIKOR, P.O. ANGLAR BAZAR, P.S. BADARPUR DIST. KARIMGANJ, ASSAM, PIN-788806 2: MARTUJA HUSSAIN S/O
GAHC010150882022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Tr.P.(Crl.)/21/2022
MASTUFA HUSEN AND 2 ORS.
S/O ABDUL KARIM
R/O VILL- PIROTIKOR, P.O. ANGLAR BAZAR, P.S. BADARPUR
DIST. KARIMGANJ, ASSAM, PIN-788806
2: MARTUJA HUSSAIN
S/O ABDUL KARIM
R/O VILL- PIROTIKOR
P.O. ANGLAR BAZAR
P.S. BADARPUR
DIST. KARIMGANJ
ASSAM
PIN-788806
3: ZAKAIR HUSSAIN
S/O ABDUL KARIM
R/O VILL USHNABAD
P.O. ANGLAR BAZAR
P.S. BADARPUR
DIST.KARIMGANJ
ASSAM
PIN-78880
VERSUS
MAHAMADUR RAHMAN AND ANR.
S/O TOFOZZUL ALI
R/O VILL- USHANABAD, P.O. ANGLAR BAZAR, P.S. BADARPUR
DIST. KARIMGANJ, ASSAM
PIN-788806
2:THE STATE OF NAGALAND
REP. BY PP
NAGALAN
Advocate for the Petitioner : MR B D DAS, MR. B ZAMAN,MR. B PURKAYASTHA,MR. A K
DUTTA
Advocate for the Respondent : PP, NAGALAND, MR. S ISLAM,MR. A K TALUKDAR,S. I. KHAN
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
Date : 13.08.2026
Heard Mr. B. Purkayastha, learned counsel for the petitioners; Mr. A.K. Talukdar, learned counsel for the respondent No. 1; and Ms. M. Kechi, learned Additional Advocate General for the State, Nagaland, being respondent No. 2.
2. This petition, under Section 407 read with Section 482 of the CrPC, is preferred by the petitioners for transferring the CR Case No. 01/2019, from the court of learned Judicial Magistrate First Class, Tuensang, Nagaland, to the court of learned Chief Judicial Magistrate, Karimganj (Shribhumi), Assam.
3. Mr. Purkayastha, learned counsel for the petitioners, submits that the respondent No. 1 herein, as complainant, instituted a complaint case before the court of learned Judicial Magistrate First Class, Tuensang, Nagaland, against the petitioners herein and that the petitioners are residing at Sribhumi and they have apprehension of their life in appearing in the afore stated case at Tuensang, Nagaland and therefore, it is contended that the CR Case No. 01/2019 may be transferred from the court of learned Judicial Magistrate First Class, Tuensang, Nagaland, to the court of learned Chief Judicial Magistrate, Karimganj (Shribhumi), Assam.
3.1. Further, today, on instructions, Mr. Purkayastha submits that the petitioners herein have no objection if the case is transferred from Tuensang, Nagaland, to any of the nearby district of Tuensang, Nagaland.
4. Per-contra, Mr. Talukdar, learned counsel for the respondent No. 1, submits that the case may be transferred to the nearest district of Tuensang, Nagaland. He further submits that Kiphire is the nearby district and it would be convenient for the respondent No. 1, if the case is transferred to the court of learned Chief Judicial Magistrate, Kiphire, Nagaland.
5. On the other hand, Ms. Kechii, learned Additional Advocate General for the State, Nagaland, submits that Kiphire is the nearby district of Tuensang and that the court of learned Chief Judicial Magistrate is there and as such, the case may be transferred to the court of learned Chief Judicial Magistrate, Kiphire, Nagaland.
6. Mr. Purkayastha, learned counsel for the petitioners, also submits that the petitioners have no objection if the case is transferred to the court of learned Chief Judicial Magistrate, Kiphire, Nagaland, from the court of learned Judicial Magistrate First Class, Tuensang, Nagaland.
7. Accordingly, taking note of the submissions of learned counsel for both the parties and also as agreed upon by both the parties, this Court is inclined to allow this petition. Accordingly, CR Case No. 01/2019, pending before the court of learned Judicial Magistrate First Class, Tuensang, Nagaland stands transferred to the court of learned Chief Judicial Magistrate, Kiphire, Nagaland.
8. The petitioners herein shall obtain a certified copy of this order and place the same before the learned Judicial Magistrate First Class, Tuensang and on such certified copy being placed by the petitioners herein, the learned Judicial
Magistrate First Class, Tuensang, shall transmit the record of CR Case No. 01/2019 to the court of learned Chief Judicial Magistrate, Kiphire, within a week from the date of receipt of the certified copy of this order.
JUDGE Comparing Assistant