X vs State Of Uttarakhand – S 397 CrPC – Revisional Jurisdiction – POCSO Case

Code of Criminal Procedure 1973 – Section 397 – BNSS – Section 438 – When the POCSO Court had taken the cognizance of the alleged offence, considering the seriousness and gravity of the offence, in our opinion, the High Court should not have interfered with the same and remanded the matter for fresh investigation. It may also be noted that the High Court has directed as to how the investigation should have been done by the I.O., which, according to us, was absolutely unwarranted in exercise of its limited revisional jurisdiction. (Para 6)