GAHC040003122026 2026:GAU-AP:476 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

Crl. Petn. No. 48 (AP) of 2026

1. Smti Suman Beniwal, D/o-Shri Jai Narayan, R/o-Forest Colony, Lower Bhalukpong, West Kameng District, Arunachal Pradesh.

……..Petitioner -Versus-

1. The State of Arunachal Pradesh, represented by the learned Public Prosecutor.

2. Smti Yari Nabam, W/o-Shri Takum Nabam, PO/PS-

Seijosa, District-Pakke Kessang, Arunachal Pradesh.

………Respondents Advocates for the Petitioner(s) : Mr. P.K. Tiwari, Sr. Adv.

Mr. J. Tsering Kee, Adv.

Advocates for the Respondent(s) : Ms. T. Jini, Addl. P.P.

Mr. H. Lampu, Adv.

Date on which Judgment was reserved : 04.05.2026 Date of pronouncement of Judgment : 15.05.2026 Whether the pronouncement is of the operative part of the Judgment ? : NA Whether the full Judgment has been pronounced ? : Yes ::BEFORE::

HON’BLE MR. JUSTICE ANJAN MONI KALITA JUDGMENT & ORDER (CAV)

Heard Mr. P. K. Tiwari, learned Senior Counsel, assisted by Mr. J. Tsering Kee, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Addl. Public Prosecutor, representing the State of Arunachal Pradesh and Mr. H. Lampu, learned counsel, appearing for the respondent no. 2.

2. The instant petition, under Section 528 of the BNSS, 2023, has been filed by the petitioner, praying for quashing and setting aside of the FIR dated 25.02.2026, in connection with Seijosa P.S. Case No. 02/2026, registered under Section 329 (2) of BNS, 2023.

3. An FIR was lodged on 12.02.2026, before Seijosa Police Station, Pakke Kessang District, by the petitioner along with other Forest Officials, alleging, inter alia that on 11.02.2026, while proceeding towards NEC road, Seijosa, on the basis of credible an information regarding illegal smuggling of timber, the petitioner, accompanied by her PSO, the driver noticed A- grade bamboo and wooden planks lying at an under-construction building near the ADC office, Seijosa; that on enquiry, workers present at the site failed to disclose the source of the timber and bamboo; that the petitioner informed the RFO, Seijosa Ms. Mopin Ete and collected the forest produced lying in the site; that in the meantime, the petitioner received a call from the DFO, Pakke Tiger Reserve, stating that Shri Takam Nabam had approached him and claimed ownership of the building and requested the materials not to be taken; that aforesaid Takam Nabam was informed that removal of bamboo from Reserved Forest without payment of royalty is impermissible and removal of timber from Reserved Forest is a punishable offence under Assam Forest Regulation, 1891; that he agreed to pay the royalty to the Government in due course and thus, the petitioner and her team left the forest produces at the location; that thereafter, when the petitioner proceeded to continue her official duty towards NEC road to act upon the input of illegal timber removal, 4-5 vehicles, led by Shri Patroce Nabam and Shri Jairam Nabam intercepted their vehicle and wrongfully restrained the petitioner and her team; that a mob of about 30-50 persons gathered and allegedly assaulted the petitioner and her staff; that the PSO was attacked and his mobile phone was snatched while recording the incident; that Smt. Yari Nabam and others also allegedly assaulted the petitioner and her team and the vehicle keys were forcibly taken; that due to obstruction and assault, the petitioner was prevented from proceeding to NEC road to discharge her official duty. In view of the aforesaid, having no other alternative, the petitioner lodged an FIR before Seijosa police station.

4. On receipt of the FIR dated 12.02.2026, Seijosa P.S. Case No. 01/2026, under Section 126(2)/74/132/189(2)/324(3) and

351(2) of the BNS, 2023, was registered.

5. Subsequent to the registration of the said FIR, by the petitioner, a counter FIR has been filed in the Seijosa P.S. at the instance of Smt. Yari Nabam, against the petitioner and other forest officials in respect of the same in