C A V Order

12 /05/2016

1. Invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein has filed the instant writ petition seeking quashment of charge-sheet filed against him by jurisdictional police in the criminal court alleging the commission of offence under Section 21 (2) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as “P0SCO Act”).

2. The aforesaid quashment has been sought by the petitioner on the following factual backdrop:-

2.1 The petitioner is Principal of Kendriya Vidyalaya (Central School). At the time of alleged incident he was posted at Kendriya Vidyalaya, Kanker. On 20.8.2015, co-accused/peon of the school Shri Indrajeet Thakur is said to have been committed penetrative sexual assault within the meaning of Section 4 of the POSCO Act with victim/minor grandson of respondent No.2 studying in Class-III, which is offences punishable under Section 4 of the POSCO Act read with Sections 377, 506 Part-II and 511 of the IPC. Alleged incident was said to be reported to the petitioner in the capacity of Principal of the School by respondent No.2 on 21.8.2015 at about 8 a.m. Before the