The petition filed by two lawyers alleged a magistrate, in violation of law, had sent the minor to jail, which he was not empowered to do under the Juvenile Justice Act.
"A magistrate is not empowered under the Act to try the case of a juvenile. The magistrate, who had the theft case filed against the juvenile, had to follow the Act regarding grant of bail of juvenile," the petition filed by D Nathan and Sanjay Gautam said.
The petitioner alleged the police and judicial officers were trying to protect the MLA.
"Initiate inquiry as to how the local police and the judiciary remanded an alleged juvenile in conflict with law to jail instead of producing her before the competent authority as per the Juvenile Justice Act," the petition said.
A 17-year-old Dalit girl was allegedly raped by by Uttar Pradesh BSP MLA Purushottam Naresh Dwivedi in Banda raped on December 10 and 11 at his residence from where she escaped on December 12 when the MLA allegedly attempted to rape her again.
The girl, however, was arrested in connection with an allegedly cooked up case of theft lodged by the legislator's brother against her.
48-year-old Dwivedi was later arrested in Banda.
The apex court had on January 17 agreed to consider a plea for a judicial inquiry into the alleged rape case.