JUDGMENT

B.Kemal Pasha, J.— A9, A8 and A7 in Crime No.645 of 2014 of the Mananthavady Police Station, registered for the offences under Sections 9(f), 9(l), 19(1) and 21(2) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the POCSO Act’), have come up under Section 482 Cr.P.C., to quash Annexure A7 First Information Report in the said crime and all further proceedings based on it as against them, quashed.

2. The petitioners are Director of Technical Education, Senior Joint Director, Directorate of Technical Education and Joint Director, Regional Directorate of Technical Education, respectively.

3. On the basis of some alleged ‘media reports in a section of the Press on 12.6.2014, the Child Welfare Committee, Wayanad (hereinafter referred to as ‘the CWC, Wayanad’) has seen suo motu registered a case on the alleged sexual assault on girl students in Government Technical High School at Dwaraka, Mananthavady. It is alleged that the 1st accused Anil Kumar K.V., who was a Draftsman Grade-II of the said School, had sexually assaulted and harassed the girl students of the said School repeatedly for a long period. On 12.6.2014, the CWC, Wayanad has directed the head of the institution to submit a detailed report along with it. It seems that, they have directed the Joint Director, Regional Directorate of Technical Education also to submit a detailed report. The reports were submitted.

4. On 7.7.2014, the CWC has passed an order directing the Station House Officer, Mananthavady (hereinafter referred to as ‘the SHO, Mananthavady’)

“to inquire into the matter and initiate appropriate legal steps against (1) Mr. Anil Kumar K.V., (2) The Superintend of Govt. Technical High School Mananthavady at Dwaraka, (3) The Four members of the Ethics Committee, (4) The Joint Director, Regional Directorate, Technical Education, Kozhikode, (5) Senior Joint Director (PS), Directorate of Technical Education Thiruvananthapuram and (6) Director of Technical Education Thiruvananthapuram, within two weeks of the receipt of this Order and report compliance.”

5. It seems that the SHO, Mananthavady has swiftly acted by registering the crime against 9 persons as accused. It is quite unfortunate that the SHO, Mananthavady has arraigned the Director, Senior Joint Director and Joint Director as A9, A8 and A7 respectively in the crime alleging the aforesaid offences.

6.Heard learned counsel for the petitioners and learned Additional Director General of Prosecution.

7. The present instance is a classic example and a fine illustration to note down the gross illegalities being committed by the CWCs without knowing as to what they are and what are their powers are, and as to how recklessly they are exercising powers, which are not even conferred on them. It seems that in this particular case, the CWC, Wayanad has crossed over all the limits and has committed gross illegality in passing such an order. The CWC has no power to register a case. Without any powers, it seems that, they have directed the SHO, Mananthavady to register the case against 6 persons, including the petitioners herein. The SHO, Manathavady has chosen to arraign 9 persons as accused in the crime, including the present petitioners as A9, A8 and A7 respectively. The offences alleged against the petitioners are under Sections 9(f), 9(l), 19(1) and 21(2) of the POCSO Act.

8. As per Section 9(f) of the POCSO Act:

“whoever being on the management or staff of an educational institution or religious institution, commits sexual assault on a child in that institution, is said to commit aggravated sexual assault.”

There is no allegation against these petitioners that they have ever committed sexual assault on a child in that institution.

9. As per Section 9(l) of the POCSO Act:

“whoever commits penetrative sexual assault on the child more than once or repeatedly; is said to commit aggravated sexual assault.”

There is no allegation against any of these petitioners that they