GOLDY RAJIV SANTHOJI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 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.

(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.