Supreme Court of India · 2022-03-21
Gangadhar Narayan Nayak @ Gangadhar ... vs The State Of Karnataka
- Court
- Supreme Court of India
- Petitioner
- Gangadhar Narayan Nayak @ Gangadhar ...
- Respondent
- The State Of Karnataka
- Author
- Indira Banerjee
- Bench
- J.K. Maheshwari, Indira Banerjee
Judgment text excerpt
The Supreme Court addressed the applicability of Section 155(2) of the Cr.P.C. in the context of the Protection of Children from Sexual Offences (POCSO) Act. The court held that the Special Court is not debarred from taking cognizance of an offence under Section 23 of POCSO due to the absence of prior permission from the jurisdictional Magistrate for police investigation. Consequently, the appeal was allowed, and the High Court's dismissal of the petition was set aside.