JUDGMENT :

HIMA KOHLI, J.

1. Leave granted.

2. A challenge has been laid in the present appeal to the judgement dated 24th January, 2018, passed by the Division Bench of the High Court of Madhya Pradesh at Gwalior, dismissing the appeal¹[Writ Appeal No. 46 of 2018] filed by the appellant – State Government against the order dated 17th November, 2017, passed by the learned Single Judge in a writ petition²[Writ Petition No. 19621 of 2017] and relegating the matter back to the competent authority for passing a fresh order.

3. We may first allude to the relevant facts of the case.

3.1 In May, 2015, a criminal case³[Vide Crime No.64/2015, registered at PS Isagarh, District Ashoknagar, under Sections 341, 354 (D), 323, 34 IPC and under Sections 7, 8 and 11(d)/12 of the Protection of Children from Sexual Offences Act, 2012, for short ‘the POCSO Act’.] was registered against the respondent who was arrayed as an accused in a Special Sessions Case⁴[Special Sessions Case No. 16 of 2015 instituted on 21st May, 2015] in the Court of the First Additional Sessions Judge, Ashok Nagar (MP). Charges