1`.: I. t. 10.05.2006 lN THE HIGH COUFIT OF SIKKIM ORDEF] SHEET TRANSFER PETITION (CRI.. ) Versus s"" oF sIIacl» Order with Signature I of 2006 Pc5AVrJnel I PHNfl/A Pespondent Heard Mr. Amit Basu, learned Counsel assisted by Mr. D. a. Katwal, learned Counsel for the Petitioner. Also heard Mr. |J. 8. Pradhan, leaned Public Prosecutor assisted by Mr. Karma Thinlay, learned Additional Public Prosecutor for the State - Respondent. In course of hearing, it transpired that GR Case No.28 of 2005 pending in the Court of leamed Chief Judicial Magistrate (East and North) at Gangtok was transferred from the Coulrt of the Sessions Judge (South & West) at Namchi, by an administrative order passed by the High Court, as the learned Chief Judicial Magistrate (South and West) at Namchi had recorded statements under Section 164 Cr.P.C. and there was no other Court, which could try the case at Namchi. However, no copy of the order has been annexed with the application. On being pointed out, the learned Counsel for the Petitioner prays for a short adjournment, so as to enable him to produce Office Note as to action (if any) taken on Order ial Date Order w!!ti Signature Office Not: C)to ot of action (if any) 'er Order taken on Order A£/2.19.0 ; the copies along with an application for incorporating the same in the present application. With the consent of the learned Public Prosecutor, the Petitioner is allowed a week's time. List this matter for further hearing on 19th May, 2006. Tut- ( A. P. Subba ) JSEhasEke.06HeardMr.AmitBose,Ld.Counselassisted by Mr. T. Namgyal, Ld. Counsel for the petitioner. Also heard Mr. J.B. Pradhan, Ld. Public Prosecutor. The petitioner has filed an amendment application duly annexing certified photocopies of relevant documents in terms of the order dated 10.05.2006. Copy of the application has been served on the respondent State. As per Annexure P-5 the G.R. Case No. 28 of 2005 was transferred to the court of Chief Judicial Magistrate, (East & North) at Gangtok from the court of Ld. Chief Judicial Magistrate (South & West) at Namchi since the Ld. Chief Judicial Magistrate (South & West) had recorded the 164 statements and was listed as prosecution witnesses. It is stated that the place of occurrence falls in Jorethang in South District and the court of Judicial Magistrate at Namchi, South District which has jurisdiction over the matter now being functional an alternative forum is presently available. It is also stated that since witnesses in the case all hail from South District it will be more convenient if the case is transferred to South District as prayed for. Keeping in view of the fact that normally the court within whose jurisdiction the place of occurrence falls will have jurisdiction to try the case .I Serial ODate Order with Signature Office Note as to No. of 0+ action (if any) Order Order taken on Order I t and the convenience of both the parties and the #f##trhOt4`````.-tT=`!= witnesses if the trial is held at Namchi, South Sikkim, the trapsfer petition is allowed. Accordingly the G.R. Case No. 28 of 2005 now pending in the court of Chief Judicial Magistrate (East & North) at Gangtok stands transferred to the court of Judicial Magistrate, South at Namchi. The parties shall appear before the said court on 02.06.2006. Copy of the order may be sent to the concerned courts for information and compliance. ( .P. Subba) Judge