If A Special Judge Finds No Offence Under The Special Statute Is Made Out, Should A Section 175(3) BNSS Plea Go To The Magistrate?: Delhi High Court

The Delhi High Court has stayed a POCSO court’s order directing an FIR against a group of police officers, and framed a question for detailed hearing: where a Special Judge under a special statute finds no offence under that statute is prima facie made out, should the application under Section 175(3) BNSS be transmitted to the jurisdictional Magistrate rather than decided by the Special Judge? The competing factual accounts are untested; the Court expressed no view on the merits.