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. 4. For the sake of convenience, Part II of First Schedule of Code of Criminal Procedure is extracted hereunder : Offence Cognizable or Non-cognizable Bailable or Non-Bailable By what Court triable If punishment with death, imprisonment for life, or imprisonment for more than 7 years Cognizable Non-bailable Court of Session If punishable with imprisonment for 3 years and upwards but not more than 7 years Ditto Ditto Magistrate of the first Class If punishable with imprisonment for less than 3 years or with fine only Non-cognizable Bailable Any Magistrate 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 purposes or gives gratification therefor.” 7. Section 12 : Punishment for sexual harassment “Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.” 8. Section 12 : Punishment for sexual harassment “Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.” 8. Section 11 of the Act of 2012 gives details of what amounts to committing sexual harassment upon a child with sexual intent. Section 12 of the Act makes the commission of such sexual harassment as described under Section 11 punishable with imprisonment of a term which may extend to three years and shall also be liable to fine. 9. The maximum punishment which can be imposed by the Special Court trying an offence under the Act of 2012 would be three years, considering Part-II of First Schedule to Cr.P.C, when an offence is punishable less than three years or with fine only, can be said to be non-cognizable. For the offence under Section 12 of the Act when the Court can impose maximum imprisonment of three years, the offence falls within the 2nd description of offences under Part II of First Schedule i.e., if the offence is punishable with imprisonment for three years and upwards, but not more than seven years, offence would be cognizable and non-bailable. 10. The argument of the learned counsel for the petitioner has no legs to stand for the reason of Section 12 being a cognizable and non-bailable offence. The Hon’ble Supreme Court in the judgment of M/s.Knit Pro International v. State of NCT of Delhi and another [ 2022 (10) SCC 221 ] held that Section 63 of the Copy Right Act 1957 prescribed the maximum sentence of three years is cognizable and non-bailable offence. 11. In view of the reasons discussed above, while holding that offence under Section 12 of the Act is cognizable and non-bailable, the Criminal Petition is liable to be dismissed. 12. Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, pending if any, shall stand closed.