NEW DELHI: Can a UP additional district judge, chargesheeted for rape by Delhi police for allegedly sexually exploiting a woman, head a Pocso court which decides criminal cases against persons accused of sexually assaulting minors? Supreme Court has agreed to examine this petition filed by the rape complainant, reports Dhananjay Mahapatra.A bench of CJI Surya Kant, and Justices Joymalya Bagchi and V Mohana issued notice Monday on the petition and sought response from Allahabad high court on her plea for suspension of the senior judicial officer.Appearing for the petitioner, advocate Rakesh Kumar Singh told the bench that at least judicial work should be withdrawn from the judge, but the Allahabad HC had rejected her petition.The bench in a cryptic order said, “Issue notice, returnable on Dec 11.”
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The petitioner had lodged an FIR at Mayur Vihar police station on Dec 8, 2022 accusing the judicial officer, whom she met on a matrimonial site, of making repeated false promises to marry to establish a physical relationship with her.Delhi Police in Jan 2023 sought permission from Allahabad HC to proceed against the judicial officer. Two months later, Delhi HC granted the judge interim protection from arrest but allowed police to continue the investigations, she said. Police later recorded her statement before a magistrate.Police in June 2023 sent a reminder to Allahabad HC for early decision on request to proceed in investigations against the judicial officer but were informed by the HC that a vigilance inquiry was already going on against him. In Oct 2024, the chief justice of Allahabad HC permitted investigations, and the HC directed the judicial officer to cooperate with the probe.
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In April 2025, Delhi police informed the Allahabad HC regarding proposal to file chargesheet against the judge and on May 5 last year, the chargesheet was filed against the additional district judge under Section 376 IPC (rape). In Nov last year, Delhi HC allowed the trial court to proceed with the chargesheet but continued the interim order protecting the judicial officer from arrest.On May 23, the chief metropolitan magistrate of Karkardooma courts in Delhi took cognisance of the chargesheet, leading the complainant to file a petition before Allahabad HC seeking suspension of the officer. She moved SC after HC declined her plea.
