ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the order passed in Crl.M.P No. 275 of 2021 in S.S.C No. 15 of 2015 on the file of the learned Sessions Judge, Fast Track Mahila Court, Sivagangai, dated 19.03.2021 and to set aside the same.

2. The petitioner is the accused in Spl.S.C. No.15 of 2015 on the file of the learned Sessions Judge, Fast Track Mahila Court, Sivagangai, charged for the offences under Section 6r/w.5(f)(l)(m)(o)(p) and Section 10, r/w.9(f)(d) of Protection of Children from Sexual offences Act, 2012 r/w.3(1)(xi) and(Xii) of SC/ST(POA)Ordinance Amendment Act, 1989 under Rule 7(i) of SC/ST(POA) Rules1995.

3. The case of the prosecution is that the petitioner was working as the Head Master in the Panchayat Union Elementary School, Periyanarikottai, Sivagangai. One of the victims, who was studying 4th standard and staying in the orphanage home called ‘Jebathottam Mahimai Illam’ along with her younger sister, was studying in the same school. While being so, on 06.04.2015, the accused had directed them to clean toilet and garden area. When the first accused was inside the toilet, the petitioner followed her and alleged to have committed rape on her. At that time, some one pelted stone on the accused's head and then, he came out of the toilet and questioned the first victim and threatned her by pinching her thighs. The accused also hit on the head of the first victim with knuckle and threatened both the victims with dire consequences, if they reveal the incident to anyone. There are so many victims with the same allegations.

4. On the complaint lodged by the grandmother of the first victim, the second respondent registered a case in Crime No 6 of 2015 for the offences under Sections 5(f)(m)(l) and 6 of the Protection of Children from Sexual Offences Act. After recording the statement under Section 164 Cr.P.C., the victims were sent for medical examination. After completing the investigation, final report was filed and the same has been taken cognizance in S.C. No. 15 of 2015 for the offences under Sections 6r/w. 5(f)(m)(l) and Section 10 r/w 9(f)(d) of the Protection of Children from Sexual Offences Act r/w.3(1)((xi) and (xii) of the SC/ST(POA) Ordinance Amendment Act, 1989 and rule 7(1) of the SC/ST(POA) Rules 1995. However, all the victims and their respective guardians turned hostile and they were all cross-examined by the Special Public Prosecutor. Subsequently, the prosecution came to know that the petitioner and his wife who is also a school teacher, in collusion with the said Special Public Prosecutor coerced all the witnesses to turn hostile to the prosecution. Therefore, the case was registered in Crime No.4 of 2020 on the file of the All Women Police Station for the offences under Sections 195(A), 201 and 506(i) of IPCr/w.Section 3(2)(vi) of SC/ST Act,1989.

5. After completing investigation, final report has been filed and the same has been taken cognizance in Spl.S.C. No39 of 2020 on the file of the Special Judge(PCR Act Cases) Sivagangai and it is pending for trial. In the meanwhile, the Special Public Prosecutor was removed from service and new Special Public Prosecutor has been appointed. He immediately filed two Criminal Miscellaneous Petitions in Cr.M.P.Nos.1934 of 2019 and 1935 of 2019 to reopen and recall witnesses for some reasons and both the applications were allowed and aggrieved by the same, the petitioner filed petitions to set aside the said order in Crl.O.P(MD) Nos.1180 and 1183 of 2020 and this Court, by an order, dated 23.02.2021 dismissed the petitions holding that examination of witnesses once again is absolutely necessary in order to meet the ends of justice and confirmed the order passed by the trial Court. The petitioner also challenged the said order passed by this Court in SLP Nos.2996 and 2997 of 2021 before the Honourable Supreme Court and the Honourable Supreme Court, by an order dated 20.10.2021 dismissed the Special Leave Petitions and