JUDGMENT

Rajnish Bhatnagar, J. - The present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, has been instituted by the petitioner seeking the following reliefs: -

'(i) Remand the instant matter back to the trial court, and order a denovo trial against the Petitioner in SC No. 58222 of 2016, which is sub-judice before the Ld. Addn. Sessions Judge - 01, West, Special Court, THC, Delhi titled as, ?State V. Jatashankar Tiwari @ Bablu'. whereby the petitioner is able to advance an adequate defence, and/or

(ii) Pass any other appropriate order(s) or direction(s) in favour of the Petitioner which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, in the interest of justice.'

2. The brief facts of the case are that an FIR No. 545/2016 was registered against the petitioner on 02.09.2016 with the Police Station Punjabi Bagh under Sections 354/354A of the Indian Penal Code, 1860 (IPC) and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) alleging that on 31.08.2016, when the prosecutrix was returning from tuition, an unknown male person touched the bre