Sikkim High Court
Suo Motu Transfer Petition(Crl.)/2/2019 of State Of Sikkim Vs Pem Doma Chettri on 7 June 2019
COURT OF SIKKIM Record of Proceedings Suo Motu Transfer Petition (Crl) No. 02/2019 STATE OF SIKKIM PETITIONER (S) VERSUS PEM DOMA CHETTRI (SHERPA) & ANR. RESPONDENT (S) Date: 07/06/2019 CORAM: HON’BLE MR. JUSTICE VIJAI KUMAR BIST, CJ. For Petitioner (s) : Mr. Karma Thinlay, Addl.
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Suo Motu Transfer Petition (Crl) No. 02/2019
STATE OF SIKKIM
PETITIONER (S)
VERSUS
PEM DOMA CHETTRI (SHERPA) & ANR. RESPONDENT (S)
Date: 07/06/2019
CORAM:
HON’BLE MR. JUSTICE VIJAI KUMAR BIST, CJ.
For Petitioner (s) : Mr. Karma Thinlay, Addl. Public Prosecutor with Mr. S.K. Chettri and Ms. Pollin Rai, Asstt. Public Prosecutors. ….
Learned Special Judge (POCSO Act, 2012), East Sikkim at Gangtok, has sent a letter bearing Ref. No. 110 dated 23.05.2019 to the Registrar General, High Court of Sikkim by forwarding a certified copy of the Order dated 21.05.2019, passed by him in S.T. (POCSO)Case No. 19 of 2017 (State of Sikkim vs. Pem Doma Chettri (Sherpa) & Anr.), expressing his difficulties to proceed with the matter.
2. Order passed by the learned Special Judge on 21.05.2019,is as follows:
“21.05.2019 ………………………………………………………………… It is noted that Ld. Senior Advocate Shri N.B. Khatiwada has also been conducting the case on behalf of the accused No. 1. Since the Ld. Senior Advocate happens to be my father it would not be appropriate on my part to proceed with the matter. The matter is, accordingly, brought to the kind notice of the Hon’ble High Court for kind consideration and appropriate orders/directions as deemed fit. …………………………………………………..”
jk/bp
3. I have perused and considered the order passed by the learned Special Judge. In the said order, learned Special Judge has stated that his father Shri N.B. Khatiwada has also been conducting the case on behalf of accused no. 1. Therefore, it would not be appropriate on his part to proceed with the matter.
4. The reasons given by the learned Special Judge, appears to be correct. Therefore, I allow the application.
5. Considering the fact that the matter cannot be heard by the learned Special Judge (POCSO Act, 2012), East Sikkim at Gangtok, S.T. (POCSO)Case No. 19 of 2017 (State of Sikkim vs. Pem Doma Chettri & Anr.), is hereby transferred from the Court of Special Judge (POCSO Act, 2012), East Sikkim at Gangtok to the Court of Special Judge (POCSO Act, 2012), North Sikkim at Mangan.
6. Copy of this Order be sent to the Court of Special Judge (POCSO Act, 2012), East Sikkim at Gangtok as well as to the Court of Special Judge (POCSO Act, 2012), North Sikkim at Mangan forthwith.
7. This Suo Motu Transfer Petition is, accordingly, disposed of.
Chief Justice07.06.2019
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