Jharkhand High Court Grants Interim Protection To Chhattisgarh BJP Candidate Brahmanand Netam In POCSO Case

Update: 2022-12-06 07:33 GMT

The Jharkhand High Court on Monday directed the State to desist from taking any 'coercive steps' against Brahmanand Netam, BJP candidate in the Bhanupratappur assembly by-election in Chhattisgarh, booked in a case involving serious sexual offences under Sections 376B, 376(2)(a)(i), 376D, 366A & 370 of the IPC along with Sections 4 and 6 of the POCSO Act.

The case reportedly involves sexual assault on a 15 years old girl from Jharkhand.

Indrajit Sinha, Advocate appearing for Netam informed the Court that the polling for the bye-election was underway on Monday. He submitted that a press-release was issued by the opponent of his client on 21.11.2022 alleging that he is 'wanted' in one of the cases at Jamshedpur. Accordingly, the Jharkhand police had issued notice upon the petitioner on 28.11.2022 to appear on 29.11.2022.

He further submitted that the petitioner is not named in the FIR registered at the Telco Police Station, Jamshedpur, which culminated in a case pending before the Sessions Court. He argued that though the victim's statement was recorded under Section 164 Cr.P.C, she has not stated anything so far as Netam's involvement in the case is concerned. He further alleged that the entire police machinery has been put in action only with a motive to stop his client from contesting the bye-election.

After hearing Netam's counsel, the Single Judge Bench of Justice Sanjay Kumar Dwivedi directed the State to seek instruction and file counter affidavit within two weeks. Meanwhile, it directed that no coercive steps shall be taken against Netam till the next date, i.e. 16th January 2023 and ordered him to cooperate in the investigation.

Case Title: Brahmanand Netam v. The State of Jharkhand & Anr.

Case No.: Cr.M.P. No. 4292 of 2022

Order Dated: 5th December 2022

Coram: Sanjay Kumar Dwivedi, J.

Counsel for the Petitioner: Mr. Indrajit Sinha, Mr. Rohit, Mr. Kumar Harsh & Mr. Surya Prakash, Advocates

Counsel for the State: Mrs. Nehala Shamin

Click Here To Read/Download Order


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