The Supreme Court of India has agreed to hear a petition challenging the continued judicial duties of an additional district judge in Uttar Pradesh who is facing charges of rape. A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, issued a notice on Monday requiring a formal response from the Allahabad High Court regarding the complainant’s plea for the officer’s suspension.
The central question before the top court is whether a judicial officer, who has been formally chargesheeted for rape, should continue to preside over a Protection of Children from Sexual Offences (POCSO) court. The POCSO courts are specifically tasked with adjudicating sensitive criminal matters involving the sexual assault of minors, a factor the petitioner highlighted in her appeal for administrative action.
The legal battle stems from an FIR lodged by the complainant at the Mayur Vihar police station in Delhi on December 8, 2022. According to court records, the woman alleged that she met the judicial officer on a matrimonial website and that he made repeated, false promises of marriage to establish a physical relationship with her. Following the filing of the FIR, Delhi Police requested permission from the Allahabad High Court in January 2023 to proceed with the investigation against the official.
While the Delhi High Court granted the judge interim protection from arrest in early 2023, it permitted the police to continue their investigation into the allegations. The probe progressed through the recording of the complainant’s statement before a magistrate and a series of communications between the Delhi Police and the Allahabad High Court regarding the status of the investigation. By October 2024, the Chief Justice of the Allahabad High Court had granted permission for the investigation to proceed, directing the judicial officer to cooperate with the authorities.
In April 2025, the Delhi Police informed the Allahabad High Court of their intention to file a chargesheet. Subsequently, on May 5, 2025, a chargesheet was filed against the additional district judge under Section 376 of the Indian Penal Code (IPC) for rape. Later that year, the Delhi High Court permitted the trial court to move forward with the chargesheet while maintaining the interim order that protected the judge from arrest.
The situation escalated when the chief metropolitan magistrate of Karkardooma courts in Delhi took cognisance of the chargesheet on May 23, 2026. This legal milestone prompted the complainant to approach the Allahabad High Court seeking the judge's suspension from judicial duties. After the High Court declined her request, the petitioner moved the Supreme Court.
During the proceedings before the Supreme Court bench, the petitioner’s counsel, advocate Rakesh Kumar Singh, argued that the judicial officer should at least be withdrawn from all judicial work given the gravity of the pending charges. The Supreme Court bench issued a notice, which is returnable by December 11, 2026, marking the next phase in the ongoing legal dispute over the judge's administrative status.
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