JUDGMENT

Ravindra Maithani, J. - Since, common question of law and facts are involved in both these petitions, [(filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code")], they are being taken up together and decided by this common judgment.

2. In this judgment, parties shall be referred to as they are arrayed in Criminal Misc. Application No. 887 of 2020. Accordingly, Goldy Rajiv Santhoji shall be referred to as the petitioner and one of the victims, who is respondent no.3 in it shall be referred to as DD in order to mask his name. It may be noted that DD is petitioner in Criminal Misc. Application No. 31 of 2021.

FACTS

3. A report was received by the Senior Superintendent of Police (for short "SSP") Udham Singh Nagar, purportedly sent by the Parents Teachers' Association("PTA") Beershiva Residential Senior Secondary School, Sirolikalan, Kitchha, District Udham Singh Nagar (For short, "the school"). According to it, the petitioner was the Manager of the School. He committed unnatural sex with the students and also told them not to reveal it to anyone under threat that in case it is revealed, he would fail them in the practical. There were other allegations as well in the report. The report was sent to various authorities including the Education Department and the administration also. The SSP, Udham Singh Nagar, by his letters dated 19.05.2014 and 23.05.2014, directed Dr. Uttam Singh Negi, Circle Officer, Sitarganj, District Udham Singh Nagar (for short, "the informant") to inquire and take necessary action in the matter. The informant inquired the matter and recorded the statements of the petitioner Goldy Rajiv Santhoji, Smt. Shakuntala Chauhan, Murlidhar Vashnav, K.C. Pandey and Jeewan Chandra Upadhayay and five students, who were allegedly victimized by the petitioner. The informant in his report dated 26.07.2014 concluded that the petitioner did indecent behaviour with the students; touched them inappropriately, but neither any student nor any guardian was agreeable to take any legal action. Therefore, according to the informant, a detailed inquiry by the Education Department would be expedient in the matter.

4. The report dated 26.07.2014, was submitted by the informant to the SSP, Udham Singh Nagar, who directed that an FIR be lodged in the matter, after obtaining a written report. SSP Udham Singh Nagr further directed that in case written report could not be obtained, FIR be lodged on the basis of the report dated 26.07.2014, of the informant. Pursuant to it, the report dated 26.07.2014 of the informant was registered as an FIR No. 53 of 2015 under Sections 377, 511 IPC and Section 9 read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 (for short, "the POCSO Act") on 1.7.2015. Investigation was carried out. Some of the victims were examined by the investigating officer ("IO") and statements were also recorded. After investigation, a final report ("FR") was submitted, which was registered as Misc Case No. 178 of 2019, Dr. Uttam Singh vs. Goldy Rajiv Santhoji, in the court of FTC/Additional Sessions Judge/Special Judge (POCSO), Rudrapur, District Udham Singh Nagar (for short, "the first Misc Case"). In the first Misc Case, information was sent to the informant and his statements were recorded by the court. Thereafter, on 14.1.2019, the court accepted the final report.

5. Subsequent to it, DD filed a petition against the FR on the ground that he was a student in the school from the year 2012 to 2014 and at the relevant time, the petitioner Goldy Rajiv Santhoji was running the school. The petitioner would disrobe the students in his room and would do obscene activities including anal sexual intercourse with them and also made their videos. The protest petition also states that on a Saturday in the month of February, 2014, the petitioner took DD and one more victim to Ram Nagar, and there whole night he had unnatural sex with the victim and with another victim S.K. It was reported