Gauhati High Court
I.A.(Crl.)/19/2026 of The State of Mizoram( Through Mizoram Lokayukta) Vs Sh. J. Lalhmingliana on 23 September 2026
GAHC030002132026 THE GAUHATI
GAHC030002132026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/19/2026
The State of Mizoram( Through Mizoram Lokayukta)
Aizawl
VERSUS
Sh. J. Lalhmingliana
S/o Thangkhama R/o Kulikawn, Aizawl
Advocate for the Petitioner : Mr C Lalfakzuala, Spl. P.P, Lokayukta Advocate for the Respondent : Mr H Lalmuankima Linked Case : Crl.A./5/2026
The State of Mizoram (Through Mizoram Lokayukta)
Aizawl
Aizawl
VERSUS
Sh. J. Lalhmingliana
S/o Thangkhama R/o Kulikawn
Aizawl
Advocate for the Petitioner : Mr C Lalfakzuala (Special PP)
Advocate for the Respondent : Mr H Lalmuankima
B E F O R E
HON’BLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
24.09.2026 Heard Mr. Lalfakzuala, learned Special Public Prosecutor for the Mizoram Lokayukta.
2. This Interlocutory Application prays for the grant of Special Leave to file an appeal against the impugned Judgment & Order dated 18.11.2025 passed by the learned Special Judge, Prevention of Corruption Act, 1988, Aizawl, Mizoram in SR(PCA) No. 3/2024.
3. The learned Special Public Prosecutor submitted that, by the aforesaid order, the learned trial court had acquitted the accused/ opposite party herein of the charges levelled against him. He submitted that the FIR had been registered under the directions of the Mizoram Lokayukta and the prosecution was conducted by the learned Additional Public Prosecutor, Mizoram Lokayukta, in accordance with the Mizoram Lokayukta Act.
4. The learned Special Public Prosecutor further submitted that permission from the State Government to prefer the present appeal was sought and subsequently granted by the Vigilance Department, Government of Mizoram, on 18.02.2026. He submitted that if the present leave is not granted, grave injustice will be caused, noting that observations within the impugned order itself indicate that the learned trial court’s ruling requires reconsideration. Referring to the relevant provisions of law, he prayed that leave to appeal be granted.
5. Mr. Benjamin Lalthlamuana, learned counsel for the opposite party, submitted that the Mizoram Lokayukta Act, 2014 (as amended on 15.03.2024) requires notification constituting a prosecution wing headed by a Public Prosecutor to prosecute cases filed by the Mizoram Lokayukta. He further submitted that the affidavit sworn in the application by the Secretary, Mizoram Lokayukta, is not maintainable since the prosecution wing was not involved in filing the appeal.
6. The present leave to appeal against the order of acquittal has been preferred by the State of Mizoram acting through the Mizoram Lokayukta, to whom due permission was granted by the State.
7. Having gone through the impugned judgment and considered the submissions made, I am of the considered opinion that leave to appeal in this particular case deserves to be granted.
8. Accordingly, special leave is granted.
9. List the Criminal Appeal for admission next week.
JUDGE Comparing Assistant