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2021 Supreme(Pat) 855

RAJEEV RANJAN PRASAD
Hanif Ur Rahman, son of Azhar Rahman, Resident of C-39, East Nizamuddin, New Delhi – Appellant
Versus
State of Bihar (through Chief Secretary, Govt. of Bihar) Main Secretariat, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Kriti Awasthi, Mr. Sambhav Gupta, Mr. Navnit Kumar, Mr. Shyam Kumar, Advocate
For the Respondents:Mr.Nadim Seraj, Ms. Archana Sinha, Mr. Prabhu Narain Sharma, Advocate

JUDGMENT :

Heard Ms. Kriti Awasthi, learned counsel for the petitioner, Mr. Nadim Seraj, learned G.P.5 for the State, Ms. Archana Sinha, learned counsel for the respondent no. 2 and Mr. Prabhu Narain Sharma, learned counsel for respondent no. 4.

2. This writ application has been preferred seeking quashing of the order dated 19.02.2020 passed by learned Special Court, Begusarai in POCSO Case No. 3/2020 (arising out of Bakhri P.S. Case No. 58/2020). By the impugned order the learned Special Court has directed release of a minor victim of alleged sexual offences in favour of respondent no. 2 who claims herself the mother of the minor victim.

3. The impugned order has been challenged on various grounds including that of non-compliances with the mandatory provisions of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the ‘Act of 1956’), the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the ‘J.J. Act’) and the provisions of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’).

4. Petitioner is the informant of Bakhri P.S. Case No. 58/2020. It is on the basis of his con

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