ORDER :

1. By way of this Special Criminal Application under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) the petitioners-original accused persons sought to quash the proceedings arising from the Criminal Inquiry Case No. 2 of 2020 filed before the Special Court (POCSO), Surat as well as the order dated 31st August 2021, by which the learned Additional Sessions Judge (POCSO), Surat issued summons under Section 204 of the Cr.P.C. for the offence punishable under Sections 323 , 354(b) and 114 of the INDIAN PENAL CODE read with Sections 7 , 8 and 11 of the Protection of Children from Sexual Offences Act (for short “the POCSO Act”) against the present petitioners.

2. The translation of the criminal complaint filed by the complainant is as under:

“(1) I - the complainant took admission of our daughter Namely Drumi in standard 5(C) at Mahidharpura Urban Society English Medium School (MUS) Laldarwaja Surat in the year-2017-18.

(2) On 03.01.2018, at the school, the accused no. 7, the class teacher of the daughter of I - the complainant insulted our daughter and said in the open class “Why are you showing off your body by lifting your skirt, are you insane or a savage.” Therefore, by uttering such words, the daughter of the I - the complainant was insulted in an open class, the daughter of the I - the complainant was very frightened and started crying. Therefore, as the daughter of I - the complainant came home and informed the I - complainant and my wife on 04.01.2018, my wife namely Neha Pranav Mehta went to the school and made oral complaint to the in-charge principal, the accused no. 2. The class teacher accused No. 7 admitted her mistake and declared in writing that she will not make such mistake against the complainant's daughter or any other student and will not make false comments. As she gave such apology letter, I the complainant and my wife did not lodge any complaint against her.

(3) On 27.01.2018, the accused no. 4 asked the daughter of the complainant through the accused No. 7 to take her diary and come to the Resource Room and the accused No. 4 got furious and scolded saying that, you are complaining about the teachers to your parents and made them to apologize. Are you coming to the school for studying or to do such things? After saying this, he inflicted four slaps on the cheek of the daughter of I - the complainant and thereafter made her to stand outside the Resource Room for half an hour as the part of punishment. Therefore, the daughter of the complainant came home and informed all these facts to me the complainant and my wife. Therefore, on 29.01.2018 the wife of I - the complainant clearly wrote in the diary that “If there is any problem due to the complaint of the parent, please inform the parent, do not beat or threaten the child.” Such writing was done in the diary and was sent to the school.

(4) On 31.01.2018, the accused no. 4 asked my daughter to come out of the classroom and scolded loudly in the public in the lobby saying that “You were told not to inform at your home, then why have you complained to your parents?” After saying this, the accused No. 4 again inflicted two or three slaps on the back area and shoulder area of the daughter of I - the complainant and threatened her saying that “If you want to study in the School, you have to do and act as the teachers say.”

(5) On 03.02.2018, 05.02.2018 and 08.02.2018, the accused No. 7 drove ou