MOIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceedings including the order taking cognizance dtd. 1/2/2019 passed in connection with Gorhar P.S Case No.85 of 2018 corresponding to Special POCSO Case No.22 of 2020.

(3.) The brief fact of the case is that the police submitted charge-sheet against the co-accused and on the basis of the same, cognizance has been taken by the learned Special Judge, POCSO Act, Hazaribagh. Police apparently submitted a supplementary charge-sheet inter alia against the petitioner showing him as an absconder and since cognizance was already taken; non-bailable warrant of arrest was directed to be issued against the petitioner. The petitioner has not filed the copy of the charge-sheet or the supplementary charge-sheet filed by the police in the Court of Special Judge, in this case. The learned Special Judge, POCSO Act, Hazaribagh has taken cognizance of the offence on the basis of the charge-sheet.