VIKAS SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present revision is moved on behalf of the accused-applicants involved in Case Crime No. 287 of 2017, under Section 376-D Indian Penal Code, 1860 and Section 7/8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter which shall be referred as 'POCSO' in short), Police Station PGI, District Lucknow. The revision is directed against the order of Addl. Sessions Judge/Special Judge POCSO Act, Lucknow dated 22.07.2019, made Annexure no. 1 to this revision.

(2.) Heard learned counsel for the revisionists, learned Additional Government Advocate for the State on the point of admission of the revision. Learned A.G.A. termed the order, impugned in this revision, in nature, 'interlocutory order'. He further argued, since revision is moved under Section 397/401 of the Code of Criminal Procedure, 1973, therefore there is a bar as to the admissibility contained under sub Section (2) of Section 397 Cr.P.C.

(3.) For easy reference Section 397 (2) is quoted below:.