D. BHASKER Vs. STATE OF TELANGANA

JUDGEMENT

(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 Ss. 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 Sec. 11 read with Sec. 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 Sec. 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.