LOHIT MIRDHA vs STATE OF ASSAM AND 4 ORS. Advocate - GA, ASSAM — WP(C)/4332/2025
Case under Constitution of India Section ART. 226. Disposed: Contested--Disposed Of on 01st June 2026.
CNR: GAHC010149072025
e-Filing Number
03-07-2025
Filing Number
WP(C)/8601/2025
Filing Date
03-Jul-2025
Registration No
WP(C)/4332/2025
Registration Date
31-Jul-2025
Judge
Honourable Mr. Justice N. Unni Krishnan Nair
Coram
Honourable Mr. Justice N. Unni Krishnan Nair
Bench Type
Single Bench
Category
10040 - Other service matters with respect to State Govt Employees. ( 40 )
Judicial Branch
Writ Section
Decision Date
01-Jun-2026
Nature of Disposal
Contested--Disposed Of
Last updated 10-Jun-2026
Acts & Sections
Petitioner(s)
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1.LOHIT MIRDHA
Adv. MR. R CHETRI,MR N MILI,MR N MILI, ,MR N BARMAN,MR N MILI
Respondent(s)
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1.STATE OF ASSAM AND 4 ORS. Advocate - GA (Government Advocate), ASSAM
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2.THE DIRECTOR GENERAL OF POLICE
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3.THE ADDITIONAL SUPERINTENDENT OF POLICE (HQ)/CRIME, JORHAT
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4.THEE INSPECTOR GENERAL OF POLICE (ADMN)
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5.THE SUPERINTENDENT OF POLICE, JORHAT
Case History
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Case disposedDisposed
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01-Jun-2026
Honourable Mr. Justice N. Unni Krishnan NairView PDF
Case Summary: WP(C)/4332/2025 - Lohit Mirdha v. State of Assam Court Decision: The Gauhati High Court dismissed the writ petition and upheld the dismissal of police constable Lohit Mirdha from service. The court held that the petitioner's subsequent criminal acquittal does not override the disciplinary dismissal because the criminal acquittal was not based on a contested trial with full evidence. Key Facts: Mirdha was arrested in November 2023 on molestation charges, suspended from duty, and after departmental proceedings, dismissed on 25.04.2024. The charges involved allegedly exploiting a distressed woman by taking her to a hotel under false pretenses. He was later acquitted criminally, but the trial court closed prosecution case after examining only the victim, who recanted during cross-examination. Reasoning: The court found the disciplinary enquiry properly conducted with credible evidence (victim's testimony confirmed by hotel staff). While acknowledging Supreme Court precedents (G.M. Tank, Ram Lal) that criminal acquittal can override disciplinary action when both proceed from identical facts and contested trials, the court distinguished this case—the criminal acquittal resulted from weak prosecution, not a full trial, making it unable to override substantiated disciplinary findings. This case analysis is maintained by casestatus.in based on publicly available court records.
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01-Jun-2026
Admission
Honourable Mr. Justice N. Unni Krishnan Nair
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06-May-2026
Honourable Mr. Justice N. Unni Krishnan NairView PDF
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06-May-2026
Delivery Of Order
Honourable Mr. Justice N. Unni Krishnan Nair
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07-Apr-2026
Honourable Mr. Justice N. Unni Krishnan NairView PDF
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07-Apr-2026
Admission
Honourable Mr. Justice N. Unni Krishnan Nair
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11-Mar-2026
Honourable Mr. Justice N. Unni Krishnan NairView PDF
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11-Mar-2026
Admission
Honourable Mr. Justice N. Unni Krishnan Nair
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24-Feb-2026
Honourable Mr. Justice N. Unni Krishnan NairView PDF
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24-Feb-2026
Admission
Honourable Mr. Justice Kaushik Goswami
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21-Jan-2026
Honourable Mr. Justice Kaushik GoswamiView PDF
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24-Oct-2025
Honourable Mr. Justice Budi HabungView PDF
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24-Oct-2025
Motion
Honourable Mr. Justice Manish Choudhury
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05-Sep-2025
Honourable Mr. Justice Manish ChoudhuryView PDF
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05-Sep-2025
- For Motion -
Honourable Mr. Justice Soumitra Saikia
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22-Aug-2025
Honourable Mr. Justice Soumitra SaikiaView PDF
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22-Aug-2025
First hearing
Initial hearing scheduled
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04-Aug-2025
Honourable Mr. Justice Soumitra SaikiaView PDF
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03-Jul-2025
Case filed
Registration No. WP(C)/4332/2025
Case Summary: WP(C)/4332/2025 - Lohit Mirdha v. State of Assam Court Decision: The Gauhati High Court dismissed the writ petition and upheld the dismissal of police constable Lohit Mirdha from service. The court held that the petitioner's subsequent criminal acquittal does not override the disciplinary dismissal because the criminal acquittal was not based on a contested trial with full evidence. Key Facts: Mirdha was arrested in November 2023 on molestation charges, suspended from duty, and after departmental proceedings, dismissed on 25.04.2024. The charges involved allegedly exploiting a distressed woman by taking her to a hotel under false pretenses. He was later acquitted criminally, but the trial court closed prosecution case after examining only the victim, who recanted during cross-examination. Reasoning: The court found the disciplinary enquiry properly conducted with credible evidence (victim's testimony confirmed by hotel staff). While acknowledging Supreme Court precedents (G.M. Tank, Ram Lal) that criminal acquittal can override disciplinary action when both proceed from identical facts and contested trials, the court distinguished this case—the criminal acquittal resulted from weak prosecution, not a full trial, making it unable to override substantiated disciplinary findings. This case analysis is maintained by casestatus.in based on publicly available court records.
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