GAHC040006672025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

(ITANAGAR BENCH)

Case No. : WP(C)/195/2025 Bulang Marik Son of Late Bulang Mangha, resident of Papu Nallah, near Hormin Hospital, Jullang Road, PO and PS Papu Hill, Papum Pare District, Arunachal Pradesh.

VERSUS The State of AP and 5 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Civil Secretariat, Itanagar.

2:The Commissioner of Home Age: 0 Occupation :

Govt of Arunachal Pradesh Civil Secretariat Itanagar.

3:The Deputy Secretary (Home)

Age: 0 Occupation :

Govt of Arunachal Pradesh Civil Secretariat Itanagar.

4:The Under Secretary (Home)

Age: 0 Occupation :

Govt of Arunachal Pradesh Civil Secretariat Itanagar.

5:The Director General of Police Age: 0 Occupation :

Govt of Arunachal Pradesh Itanagar PHQ Chimpu Itanagar.

6:The Commandant Age: 0 Occupation :

1st APP Bn Govt of Arunachal Pradesh BHQ Chimpu Itanagar Advocate for the Petitioner : Marto Kato, Tony Meto,Kamin Teri,Licha Rakap,M Tanga,Yasmin Gao,Mepe Ete,Nyali Sora Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

08.05.2025 Date :

1. Heard Mr. M. Kato, learned counsel appearing for the petitioner. Also heard Ms. R. Basar, learned Government Advocate appearing for the respondent Nos. 1 to 6.

2. The petitioner, Assistant Commandant of 1^st APP Battalion, was arrested on 14.05.2024 in Itanagar Women Police Station Case No. 20/2024 under Section 373 IPC read with Sections 6/8/12 of the POCSO Act, 2012 and under Sections 3/4/5/6 of the Immoral Trafficking (Prevention) Act, 1956 and he was detained in custody for more than 48 hours. As such, the respondent authorities by order dated 02.06.2024 suspended the petitioner from service w.e.f., 14.05.2024.

3. Later, the learned Special Judge (POCSO), Papum Pare District, Yupia by order dated 03.10.2024 passed in Bail Application No. 344/2024 released the petitioner on interim bail in said Itanagar Women Police Station Case No.

20/2024, which was extended from time to time.

4. By a common order dated 18.01.2025, passed in Criminal Misc Case Nos. 367/2024 and 02/2025 in Bail Application No. 344/2024 made the interim bails granted to the petitioner and one Michi Tabin earlier on 03.10.2024 and 22.10.2024 absolute and thereby, allowed Criminal Misc Case Nos. 367/2024 and 02/2025 and disposed of those cases.

5. After the bail of the petitioner in said Itanagar Women Police Station Case No. 20/2024 was made absolute by order dated 18.01.2025 passed by the learned Special Judge (POCSO), Papum Pare District, Yupia, the petitioner approached the respondent authorities for his reinstatement in service, as the respondent authorities did not review his order of suspension from service from time to time as required under the law and also did not submit any charge-

sheet to him within the period required under law.

6. Hence, this writ petition by the petitioner for a direction to the respondent st authorities for his reinstatement in service as Assistant Commandant of 1 APP Battalion.

7. In this writ petition, the petitioner has annexed the bail orders by which, he was granted interim bail in said Itanagar Women Police Station Case No. 20/2024 as well as order of extension of his interim bail and also the order by which the learned Special Judge (POCSO), Papum Pare District, Yupia made his interim bail dated 03.10.2024 absolute in said Itanagar Women Police Station Case.

8. From those annexures, i.e., bail orders appended by the petitioner to this writ petition, it is found that the petitioner was arrested on 14.05.2024 under Section 373 IPC read with Sections 6/8/12 of the POCSO Act, 2012 and under Sections 3/4/5/6 of the Immoral Trafficking (Prevention) Act, 1956.

9. From the order dated 03.10.2024 by which, the petitioner was granted interim bail to the petitioner, it is seen that no notice was issued to the victim/informant of said Itanagar Women Police Station Case which was registered, amongst others,