JUDGMENT

1. The petitioner has been arrested in connection with FIR No. 49/2017 of Police Station, Siwana, District Barmer for the offence punishable under Section 376(1) IPC. He has preferred these bail applications under Section 439 CrPC.

2. Learned counsel for the petitioner has submitted that the petitioner was arrested by police on 12.06.2017, however, on the expiry of 90 days i.e. 11.09.2017, the police filed charge- sheet against the petitioner in the Court of Judicial Magistrate, Siwana. The Judicial Magistrate, Siwana returned the said charge- sheet with a remark that as the charge against the petitioner is under the POCSO Act, the charge-sheet be filed in Special POCSO Court, Barmer only. The Judicial Magistrate, Siwana also extended the judicial custody of the petitioner up to 25.09.2017. The police then filed charge-sheet against the petitioner in the Special POCSO Court, Barmer on 11.09.2017 itself, however, the Special Judge returned the said charge-sheet while treating it as incomplete and gave direction to the police to remove the deficiencies on certain points. Thereafter the police filed charge- sheet before the Judicial Magistrate, Siwana on 14.09.2017, however, th