Sikkim High Court
Suo Motu Transfer Petition(Crl.)/11/2019 of State of Sikkim Vs Child Master -A on 19 August 2019
COURT OF SIKKIM Record of Proceedings Suo Motu Transfer Petition (Crl.) No. 11/2019 STATE OF SIKKIM PETITIONER (S) VERSUS CHILD MASTER- A . RESPONDENT (S) Date: 19/08/2019 CORAM : HON’BLE MR. JUSTICE VIJAI KUMAR BIST, CJ. For Petitioner (s) : Mr. S.K. Chettri & Ms. Pollin Rai, Asstt.
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Suo Motu Transfer Petition (Crl.) No. 11/2019
STATE OF SIKKIM
PETITIONER (S)
VERSUS
CHILD MASTER- A.
RESPONDENT (S)
Date: 19/08/2019
CORAM :
HON’BLE MR. JUSTICE VIJAI KUMAR BIST, CJ.
For Petitioner (s) : Mr. S.K. Chettri & Ms. Pollin Rai, Asstt. Government Advocates. Government Advocates.
For Respondent (s)
: None. … …
The Sessions Judge, West Sikkim at Gyalshing sent a letter dated 01.08.2019 annexing copy of the order dated 24.07.2019 passed by the Principal Magistrate, Juvenile Justice Board (in short, JJB), West Sikkim at Gyalshing in JJB Case No. 02 of 2019 (State of Sikkim Vs. Child Master- A) as well as the copy of the order dated 31.07.2019 passed by the Sessions Judge, West Sikkim at Gyalshing. In its order dated 31.07.2019, the Principal Magistrate, JJB, West Sikkim at Gyalshing has stated that she had recorded the statement of the victim under Section 164 of Cr.P.C, 1973 and her name is also mentioned in the list of prosecution witnesses. She has further written in the order that in that situation, it would not be proper and prudent for her to proceed with the inquiry against the child-in-conflict with law.
I have considered the reasons given in the Order dated 31.07.2019 passed by the Principal Magistrate, JJB, West Sikkim at pm/sl Gyalshing. Reasons are satisfactory to transfer the JJB Case No. 02 of 2019 (State of Sikkim Vs. Child Master- A) from her court. Therefore, the transfer petition is disposed of with the direction that JJB Case No. 02 of 2019 (State of Sikkim Vs. Child Master- A) is transferred from the Juvenile Justice Board, West Sikkim at Gyalshing to Juvenile Justice Board, East Sikkim at Gangtok.
Let a copy of the order be sent to Sessions Judge, West at Gyalshing; Principal Magistrate, Juvenile Justice Board, West Sikkim at Gyalshing and Principal Magistrate, Juvenile Justice Board, East Sikkim at Gangtok.
Chief Justice
19.08.2019
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