Page No.# 1/3 GAHC020000122026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Crl.)/2/2026 SHRI MILAN A SHAH @ MILAN AJIT KUMAR SHAH SON OF SRI AJIT KUMARE SHAH, R/O 6/1 SARAT BOSE BOSE ROAD, GEETANJALI APTS, 5A, KOLKATA, PIN-70020, WEST BENGAL VERSUS STATE OF NAGALAND NAGALAND KOHIMA Advocate for the Petitioner : D DAS SR. ADV., Advocate for the Respondent : P.P, NAGALAND, -BEFORE- HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 29.01.2026 Heard Mr. D. Das, learned senior counsel for the applicant assisted by Mr. I. Das, learned counsel. Also heard Mr. Veto V. Zhimomi, learned Public Prosecutor for the State of Nagaland. Page No.# 2/3 2. The learned senior counsel for the applicant submits that the applicant, in terms of this court’s order dated 10.12.2025 and 19.01.2026, has fully co-operated with the I.O and his statement has been recorded through whatsapp since his physical presence before the I.O is not possible because he is still in the US, in connection with the miscarriage of his daughter since August, 2025. The learned senior counsel submitted that since the applicant has fully co-operated with the investigation of case, wherein he was not involved in the commission of any offence, prayed that the instant interlocutory application may be allowed by dispensing the neccessity of him being physically present for the recording his statement before the Investigating Officer. 3. Mr. Veto V. Zhimomi, learned Public Prosecutor submits that the statement of the applicant was recorded through virtual mode (whatsapp) and has produced the document showing the status report dated 28.01.2026. He submits that a perusal of the status report shows that the applicant in his statement has denied his involvement in the connected PS Case No. 056/25 u/s 409/420/120(b) Indian Penal Code, 1860. The learned Public Prosecutor further submits that since the statement of the applicant has been recorded, the physical presence of the applicant before the case I.O may not be necessary at this stage. 4. On considering the submissions made by the learned counsels for both the parties, it is seen that the statement of the applicant in terms of this court’s order dated 10.12.2025 Page No.# 3/3 and 19.01.2026, has been recorded by the case I.O as per the status report dated 28.01.2026, which is to be made a part of the file and marked ‘X’. In view of the above, this court finds it appropriate to allow the instant interlocutory application by dispensing with the necessity of the applicant being physically present for the recording his statement, on the issuance of notice u/s 35(3) of the BNSS in connection with PS Case No. 056/25 u/s 409/420/120(b) Indian Penal Code, 1860. 5. Accordingly, I.A.(Crl.) No. 2/2026 stands allowed and disposed of. Sd/- JUDGE Comparing Assistant