Page No.# 1/3 GAHC040015332026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./294/2026 Atung @ Vijay Dada and Anr Son of Late Lalu Dada, resident of Jeju Dada Village, PO and PS Seppa, East Kameng District, Arunachal Pradesh and represented by Shri Ajay Dada, Son of Late Lalu Dada, resident of Jeju Dada Village, PO and PS Seppa, East Kameng District, Arunachal PRadesh. 2: Tama Tara Age: Occupation : Son of Late Kafi Tara resident of Type-I Colony Seppa PO and PS Seppa East Kameng District Arunachal Pradesh VERSUS The State of AP through the PP of AP Advocate for the Petitioner : Adam Tatak, Geni Kirkom,Tukrin Ligu,Tanur Gao,Goyi Taba Raju,Tonni Gammi,Amy Talom Advocate for the Respondent : P P of AP, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.09.2026 Heard Mr. M. Pertin, learned Senior Counsel, assisted by Mr. K. Tayeng, learned counsel appearing for the petitioner. Also heard Mr. L. Kurdu, learned Standing Counsel for the SIT. This is an application filed under Section 528 of the BNSS, 2023, read with Article 227 of the Constitution of India, praying for quashing and setting aside of the order dated 10.08.2026, passed by the Special Judge (POCSO), Papumpare, Yupia in POCSO Case No. 18/2021 in Seijosa P.S. Case No. 04/2021, registered under Sections 323/376(2)(i) of IPC, read with Section 6 of the POCSO Act, whereby the Special Court had rejected the petitioner’s application for adjourned/dispense of defence witness, i.e., DW-9 Smti Miti Lego on health ground for a day, has been rejected and closed the defence evidence and posted the matter for final arguments. The learned Senior Counsel submits that the DW-9 is a vital witness and due to her heath condition, she could not be present there. He further submits that the defiance’s prayer for bringing on record certain vital documents was rejected, vide order dated 10.08.2026 by the Special Court. He submits that those documents are vital for proper adjudication of the case pending before the trial court. Issue notice to the respondent no. 2 as per the prevailing notification issued by the Gauhati High Court within two (2) working days from today. Notice upon the respondent no. 1 is dispense with as the learned Special P.P. has put in his appearance. The matter will require further consideration. Page No.# 3/3 Till the next date, the proceedings relating to POCSO Case No. 18/2021, pending before the learned court of Special Judge (POCSO), Papumpare, Yupia, shall remain stayed. Registry is directed to call for the scanned copy of the TCR from the learned court of Special Judge (POCSO), Papumpare, Yupia. List the matter again on 23.09.2026. JUDGE Comparing Assistant