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2022 Supreme(Kar) 48

RITU RAJ AWASTHI, SURAJ GOVINDARAJ
BIBI AYESHA KHANUM W/O BABA ABDUL NABI KHAN – Appellant
Versus
UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF LAW AND JUSTICE NEW DELHI – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. ROHAN KOTHARI, ADVOCATE
For the Respondent:SRI. KUMAR.M.N, CGC, SMT. VANI.H, AGA, SRI. SHRIDHAR PRABHU, ADVOCATE.

ORDER :

1. Sri.M.N.Kumar, learned CGSC accepts notice for respondent No.1. Smt.H.Vani, learned Additional Government Advocate accepts notice for respondents No.2 and 3. Sri.Shridhar Prabhu, learned counsel accepts notice for respondent No.4.

2. The petitioners are before this Court seeking for the following reliefs:

    a. Issue directions to Respondents to ensure effective implementation of the POCSO Act, 2012 and the POCSO Rules, 2020.

b. Declare that Section 40 of the POCSO Act read with Rule 4 of the POCSO Rules mandates that the child victim/parent/guardian/complainant as the case may be shall be informed through the issuance of a notice regarding any application for bail preferred by an accused person.

c. Declare that Section 40 of the POCSO Act read with Rule 4 of the POCSO Rules mandates that the legal representative of the child victim/parent or guardians/complainant as the case may be, is heard before granting of bail to the accused;

d. Issue directions to the effect that all the relevant documents required for the victim/complainant/informant to effectively represent themselves during hearing of bail applications filed by the accused shall be provided to them by the concerned poli

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