Junaid Akhtar Nirbhan vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2026)

Junaid Akhtar Nirbhan vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

None; the writ petition challenging the Chapter Case No.12 of 2026 was dismissed and no direction issued.

Issue for consideration

Whether the show cause notice / initiation of Chapter Case No.12 of 2026 under sections 130 and 129(g) BNSS against the petitioner is faulty and illegal, and whether the writ court should interfere, given that the petitioner has already been granted bail in the underlying case C.R. No.377 of 2025.

Court's answer

Having regard to the facts on record (that the petitioner stood granted bail in C.R. No.377 of 2025 and that nude photos and videos were circulated between the parties, as gathered from the bail order dated 27.01.2026), the Court was not inclined to interfere with the initiation of the Chapter Case No.12 of 2026 and dismissed Criminal Writ Petition No.1161 of 2026.

Detailed headnote1 paragraphs

Preventive chapter proceedings under BNSS — writ petition dismissed. The petitioner, arraigned as an accused in C.R. No.377 of 2025 registered at Tardeo Police Station, Mumbai for offences under sections 65(1), 74 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and sections 4, 6, 8 and 12 of the POCSO Act, 2012 (victim a minor girl aged about 14 years; investigation pending), had been granted bail on 27th January 2026 in Bail Application No.1220 of 2025 before the Special Judge (POCSO), City Civil & Sessions Court, Gr. Bombay. A show cause notice dated 17th February 2026 issued under section 130 BNSS proposed chapter proceedings under section 129(g) BNSS against him as a preventive measure (Chapter Case No.12 of 2026). Counsel, placing reliance on the learned Single Judge's order in Agnelo Fernandes & Ors. v. State & Ors., contended the notice was faulty and illegal. The Division Bench (Shree Chandrashekhar, CJ. and Gautam A. Ankhad, J.), noting from the bail order that nude photos and videos had been circulated between the parties, was not inclined to interfere and dismissed Criminal Writ Petition No.1161 of 2026 (order dated 1st April 2026).

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.1161 OF 2026

Junaid Akhtar Nirbhan .. Petitioner Vs. The State of Maharashtra, Through Tardeo Police Station, Mumbai & Anr. .. Respondents

Ms. Nazneen Khatri with Mr. Adil Khatri, Advocates for the Petitioner.

Mr. K.V. Saste, Additional Public Prosecutor for the Respondents.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 1^ST APRIL 2026.

P.C. :

The petitioner is aggrieved by initiation of the Chapter Case bearing no.12 of 2026 against him.

In connection to the said Chapter Case, a show cause notice has been issued to the petitioner under section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( “BNSS” ) . The learned counsel for the petitioner refers to an order passed by a learned Single Judge of this Court in Criminal Writ Petition No.42 of 2021 titled “Agnelo Fernandes & Ors. v. State & Ors.”¹ and submits that the show cause notice issued to the petitioner under section 130 of the BNSS is faulty and illegal.

This is recorded in the show cause notice issued to the petitioner that he has been made an accused in a criminal case vide C.R. No.377 of 2025 registered at Tardeo Police Station,

1 AIR Online 2021 Bom 4764

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907-WP-1161-2026.doc

Dixit

Mumbai for the offences punishable under sections 65(1), 74 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and for the offences punishable under sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. The victim-girl is a minor, aged about 14 years. The crime vide C.R. No.377 of 2025 is under investigation. The show cause notice dated 17^th February 2026 records as to why a chapter proceedings under section 129(g) of the BNSS should not be initiated against the petitioner as a preventive measure. The learned counsel for the petitioner, however, submits that the petitioner has been granted bail vide order dated 27^th January 2026 in Bail Application No.1220 of 2025 in Remand Application No.1536 of 2025 before the Special Judge (POCSO), City Civil & Sessions Court Gr. Bombay. and submits that the proposed chapter proceedings against the petitioner is not sustainable in law. From the order dated 27^th January 2026, we gather that there are nude photos and videos, circulated between the parties, a reference to which has been given in the said order.

Having regard to the aforementioned facts, we are not inclined to interfere in this matter. Writ Petition No.1161 of 2026 is dismissed.

[ GAUTAM A. ANKHAD, J. ]

[ CHIEF JUSTICE ]

Digitally signed by SNEHA SNEHA ABHAY ABHAY DIXITDate: 907-WP-1161-2026.doc DIXIT 2026.04.06 10:17:05 +0530

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