Citation : 2026 Latest Caselaw 1589 Gua
Judgement Date : 23 February, 2026
Page No.# 1/3
GAHC010032782026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/912/2026
SMTI LEENA DOLEY
DAUGHTER OF LATE BIRENDRA KUMAR DOLEY, RESIDENT OF HOUSE
NO. 54, BELTOLA COLLEGE ROAD, BANGAON, BELTOLA, GUWAHATI-
781028, KAMRUP M, ASSAM.
VERSUS
THE STATE OF ASSAM AND OTHRS
, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
HOME POLITICAL DEPARTMENT
DISPUR
GUWAHATI-781006.
3:THE LEGAL REMEMBRANCER AND COMMISSIONER AND SPECIAL
SECRETARY TO THE GOVERNMENT OF ASSAM
JUDICIAL DEPARTMENT
DISPUR
GUWAHATI- 781006..
4:THE DISTRICT COMMISSIONER
KARBI-ANGLONG
DIPHU
PIN782460
ASSAM.
5:THE SENIOR SUPERINTENDENT OF POLICE
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KARBI-ANGLONG
DIPHU
PIN-782460
ASSAM
Advocate for the Petitioner : MR H K NATH, A J KASHYAP,MR. A A MIR
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
23.02.2026 Heard Shri A.A. Mir, learned counsel for the petitioner.
The petition has been filed with a prayer for appointment of a Special Public Prosecutor in POCSO Case No. 37/2021 pending before the learned Special Judge (POCSO), Karbi Anglong. It is contended that Section 32 of the POCSO Act, 2012 mandates such an appointment. It is also informed that though a Special PP was conducting the case,on reasons of ill health, he has resigned whereafter another Special PP was appointed. However, the said appointment was challenged on some legal grounds and accordingly, it has been stayed. As a result, the trial is in a limbo and the matter has not progressed.
The claimof the petitioner appears to be on the basis of statutory requirement.
Let notice be issued, returnable on 06.03.2026.
Shri N. Das, learned State Counsel accepts notice on behalf of all the respondents. Extra copies of the writ petition be served upon him by tomorrow.
Considering the grievance of the petitioner and based on the instructions, an endeavour would be made for disposal of the writ petition on the returnable Page No.# 3/3
date.
List this case on 06.03.2026.
JUDGE
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