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Supreme Court refuses to quash POCSO case against suspended judge in alleged incest case

12 Jun 2025 10:34 AM - By Vivek G.

Supreme Court refuses to quash POCSO case against suspended judge in alleged incest case

On June 11, the Indian Supreme Court firmly refused to quash a criminal case filed under the Protection of Children from Sexual Offences (POCSO) Act against a suspended judicial officer who is accused of sexually abusing his own daughter. The court described the allegations as extremely serious and made it clear that such a case cannot be dismissed at an early stage.

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A bench of Justices Prashant Kumar Mishra and Justices Manmohan was hearing a special leave petition (SLP) filed to challenge the Bombay High Court's April 15 order. The High Court had earlier refused to quash the proceedings against the accused.

During the hearing, the counsel for the accused argued that the accused's life had already been ruined, citing 1. the suicide of his father and 2. his ongoing marital dispute. However, the bench did not accept this as a valid reason to quash the case.

"This must have happened due to the action of the son rather than the action of anybody else," Justice Manmohan said.

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He expressed strong objection to the quashing plea:

"This is a shocking case. This is a judicial officer. Serious allegations of incest! Madam, this is not a case worth dismissing by any standards. I don't know what legal advice you are getting, but it is certainly not a case worth dismissing by any standards. Your daughter is making the allegations, isn't she? She must have suffered a lifelong trauma."

Justices Prashant Kumar Mishra agreed with Justice Manmohan's views and strongly stated that this was not a case worth dismissing at this stage.

Since the court refused to entertain the plea, the counsel for the accused requested for an early settlement of the trial. The bench agreed and granted the request for an urgent hearing.

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Justices Prashant Kumar Mishra remarked, "Certainly this case does not deserve to be dismissed."

The Supreme Court's firm stand underlines the gravity of the allegations and reinforces that sensitive cases involving child abuse and incest will be taken seriously, regardless of the background of the accused.

Case Details: SANDEEP Vs THE STATE OF MAHARASHTRA|SLP(Crl) No. 8753/2025