RAHUL SHANKARRAO WADHAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of both the parties, application is taken up for final hearing and disposal at the stge of admission itself.

(2.) Heard both the sides at considerable length.

(3.) The petitioner herein invokes inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure ((hereinafter referred to as the 'Cr.P.C.') to assail; (a) the legality of his arrest dtd. 3/8/2021 effected by Chhavni Police Station, Aurangabad in connection with FIR No.461 of 2021 for offences punishable under Ss. 354, 323, 506 of the Indian Penal Code (hereinafter referred to as the 'IPC') along with Ss. 9(M)(N), 10 and 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the 'POCSO' Act); and (b) the legality of the initial and successive remand orders commencing from 4/8/2021 passed by the learned Special Court (POCSO), Aurangabad. The petition filed under Sec. 482 of the Cr.P.C. expressly showed the arrest of the petitioner and the remand orders passed by the jurisdictional Court from time to time. Though the framework of the argument appears narrow in form, it is wide in its implications.