ORDER :

1. This Criminal Petition is filed to quash the proceedings against the petitioner/accused in SC(POCSO) No.305 of 2020 on the file of III Additional District and Sessions Court, FTC at Gadwal (I Additional Sessions Judge Court at Mahabubnagar).

2. The case against the petitioner is the teacher of the victim girl and a video was viral in whatsapp group in which the petitioner was seen sexually abusing the victim girl. The Station House Officer, Maldakal, issued a requisition to District Child Protection Officer (DCPO) for recording the statements of victim and other girls. Having recorded the statements of the girls, it was found by the Investigating Officer that the petitioner had abused the children, which amounts to an offence under Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the Act of 2012’).

3. Learned counsel for the petitioner would submit that only ground on which he is seeking quashing the proceedings is that Section 11 read with Section 12 of the act of 2012 is punishable with imprisonment of a term which may extend to three years and fine, as such, in accordance with Part II of First Schedule of Code of Criminal Procedure, the offence is non-cognizable. As seen from the charge sheet, no where it is mentioned that the concerned Magistrate has accorded permission to investigate, for which reason, taking cognizance of offence is bad in law. In support of his contention, he relied upon the judgment of Hon’ble Supreme Court in the case of State of Haryana v. Bhajan Lal [1992 Supp.(1) SCC 335], and drew attention to guideline No.4, wherein the Hon’ble Supreme Court held that when the allegations constitute only non-cognizable offence, no investigation is permitted by the police officer, without an order of Magistrate as required under Section 155 (2) of Cr.P.C. In the present case, since, there is no such permission, which was accorded by the Magistrate, charge sheet has to be quashed.

4. For the sake of convenience, Part II of First Schedule of Code of Criminal Procedure is extracted hereunder :

5. If an offence under IPC is punishable with imprisonment for less than three years or with fine only then the said offence is made non-cognizable and bailable, which offence can be tried by “Any Magistrate”.

6. Sections 11 and 12 of the Act of 2012 reads as follows :

“Section 11 POCSO Act (The Protection of Children from Sexual Offences Act, 2012): Sexual harassment.

Sexual harassment. – A person is said to commit sexual harassment upon a child when such person with sexual intent,

(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or

(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or

(iii) shows any object to a child in any form or media for pornographic purposes; or

(iv) repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or

(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act; or

(vi) entices a child for pornographic