Page No.# 1/4 GAHC030000082026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/2/2026 Sh. C. Vanramnghaka S/o Bawiliana, R/o Arro Veng, Khawzawl VERSUS The State of Mizoram and Anr. Aizawl Advocate for the Petitioner : Mr. Lalpianfela Chawngthu Advocate for the Respondent : P.P./Addl.PP, Mizoram Linked Case : Crl.A./6/2025 Sh. C. Vanramnghaka Arro veng Khawzawl VERSUS The State of Mizoram r/b the Secretary to Govt. of Mizoram Home Dept. and Anr. Aizawl 2:Smt. Lalvenhimi Arro Veng Khawzawl Advocate for the Petitioner : Mr. Lalpianfela Chawngthu Page No.# 2/4 Advocate for the Respondent : P.P./Addl.PP Mizoram BEFORE HONOURABLE MR. JUSTICE NELSON SAILO HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA O R D E R 11.02.2026 (NELSON SAILO, J) Heard Mr. Lalpianfela Chawngthu, learned counsel for the applicant and Ms. Lalsangzeli, learned counsel appears on behalf of Ms. Vanneihsiami, learned Additional Public Prosecutor, Mizoram. [2.] By filing this application, the applicant prays for modification of the Judgment and Order dated 04.09.2025 passed by this Court in Criminal Appeal No. 06 of 2025 insofar as the remand of the case to the District & Sessions Judge, Champhai, Mizoram is concerned. The learned counsel for applicant submits that vide Notification dated 19.04.2017 issued by the Secretary to the Government of Mizoram, Law & Judicial Department, the Governor of Mizoram has designated the Court of Additional District & Sessions Judge, Champhai, Mizoram as Special Court for the purpose of the POCSO Act with the approval of the Gauhati High Court. Such being the position, the applicant prays that the case may be remanded to the learned Additional District & Sessions Judge, Champhai, Mizoram. [3.] We have noticed that the earlier Judgment and Order was passed by the Page No.# 3/4 Presiding Officer/Judge, Court of Fast Track Special Court (Rape & POCSO Act, 2012), Champhai, Mizoram and this Court upon considering the appeal filed by the applicant was of the view that the matter should now be taken up not by the same Court but by the District & Sessions Judge, Champhai, Mizoram in the interest of fairness from the stage of examination of the accused persons under Section 313 Cr.P.C. by placing all the materials, questions to the accused persons which may be regarded as incriminating circumstances appearing in the evidence and thereafter to pass the Judgment afresh after hearing the parties. [4.] Ms. [4.] Ms. Lalsangzeli, learned counsel appears on behalf of Ms. Vanneihsiami, learned Additional Public Prosecutor, Mizoram, submits that as per the instructions received by her the State does not have any objection if the application is allowed. [5.] We have considered the submissions made by the learned counsel for the rival parties and we have perused the materials available on record having regard to the Notification dated 19.04.2017, wherein, the Additional District & Session Judge, Champhai, Mizoram has been specifically designated to deal with the matters under the POCSO Act. We are of the view that there is substance in the prayer made by the applicant and accordingly, the Judgment and Order of this Court dated 04.09.2025 is modified by relegating the matter to the Additional District & Sessions Judge, Champhai, Mizoram instead of the District & Sessions Judge, Champhai, Mizoram. But for the above modification, the remaining part of the Judgment shall remain the same. [6.] With the above observations and directions, the interlocutory application stands disposed of as allowed. Page No.# 4/4 [7.] This order shall be read alongwith the Judgment & Order dated 04.09.2025 passed in the main appeal i.e. Criminal Appeal No. 06 of 2025. JUDGE JUDGE Comparing Assistant