Pitam Lamnio v. The State of Ap

ORDER Date : 14.07.2023

Heard Mr. T. Lamnio, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

¶2This interlocutory application has been filed for setting aside the order dated 10.07.2023, passed by the learned Special Judge, POCSO, for the Districts of West Kameng, East Kameng & Tawang in POCSO Case No. 11/2022, whereby, 17.07.2023 has been fixed for hearing on age determination of the victim and final argument as last chance.

¶3The applicant contends that the learned Special Judge, POCSO could not have passed the order dated 10.07.2023, in POCSO Case No. 11/2022, fixing

17.07.2023 for hearing on age determination of victim and final argument as last chance, as further proceeding of the POCSO Case No. 11/2022 has been stayed by this Court by an order dated 27.06.2023, passed in Crl. Rev. P. 15/2023.

¶4Ms. Jini, learned Additional Public Prosecutor has produced before this Court an order dated 13.07.2023, passed by the learned Special Judge, POCSO, for the Districts of West Kameng, East Kameng & Tawang in POCSO Case No. 11/2022, by which order, the learned Special Judge, POCSO has suspended the further proceeding of POCSO Case No. 11/2022, in view of the order passed by this Court on 27.06.2023.

¶5In view of the order dated 13.07.2023, passed by the learned Special Judge, POCSO for the Districts of West Kameng, East Kameng & Tawang in Page No.# 4/4 POCSO Case No. 11/2022, no order is required to be passed for suspending or setting aside of the order dated 10.07.2023, passed by the learned Special Judge, POCSO, for the Districts of West Kameng, East Kameng & Tawang in POCSO Case No. 11/2022.

¶6Accordingly, the interlocutory application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040009282023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/41/2023 Pitam Lamnio S/o Shri Dapung Lamnio, Permanent Resident of Village Lamnio, PO Khenewa, PS Seppa, East Kameng District, Arunachal Pradesh. VERSUS THE STATE OF AP Through Public Prosecutor. Advocate for the Petitioner : Sunil Mow Advocate for the Respondent : P P of AP Linked Case : BA/55/2023 Pitam Lamnio Age: 27 Occupation : Address:S/o Shri Dapung Lamnio Permanent Resident of Lamnio Village PO Khenewa/PS Seppa District East Kameng Arunachal Pradesh. VERSUS THE STATE OF AP and Anr. Page No.# 2/4 Age: 0 Occupation : Address:Represented through the Public Prosecutor. 2:X (Victim) Age: 0 Occupation : Address:C/o Shri Sangam Rimo at New Seppa PO/PS Seppa East Kameng Distt. AP ------------ Advocate for : Sunil Mow Advocate for : P P of AP appearing for THE STATE OF AP and Anr.: Advocate , appearing for 2, respectively. Linked Case : Crl.Rev.P./15/2023 Pitam Lamnio Age: 27 Occupation : Address:S/o Shri Dapung Lamnio and Brother of Sri Thomas Lamnio. Permanent Resident of Village Lamnio PO Khenewa PS Seppa East Kameng District Arunachal Pradesh on behalf of the accused Shri Thomas Lamnio VERSUS THE STATE OF AP Age: 0 Occupation : Address:through Public Prosecutor. ------------ Advocate for : Sunil Mow Advocate for : P P of AP appearing for THE STATE OF AP: Advocate appearing for respectively. Page No.# 3/4 BEFORE HONBLE MR. JUSTICE NANI TAGIA