Supreme Court of India · 2022-03-21
GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI vs THE STATE OF KARNATAKA
- Citation / case number
- SC 2021/26275
- Court
- Supreme Court of India
- Petitioner
- GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI
- Respondent
- THE STATE OF KARNATAKA
- Author
- HON'BLE MS. JUSTICE INDIRA BANERJEE
- Bench
- HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MS. JUSTICE INDIRA BANERJEE
Judgment text excerpt
The Supreme Court addressed the applicability of Section 155(2) of the Cr.P.C. in relation to the investigation of offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The court held that the Special Court is not barred from taking cognizance of such offences even in the absence of prior permission from the jurisdictional Magistrate for police investigation. The appeal was dismissed, affirming the High Court's decision to uphold the cognizance taken against the appellant.