Guddu Gautam vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

Court No. - 13

Case :- APPLICATION U/S 482 No. - 9953 of 2024

Applicant :- Guddu Gautam Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A.,O.P. Tiwari

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, the learned A.G.A, the learned counsel for complainant and perused the record.

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On 26.11.2024; 16.12.2024 and 04.02.2025 following orders were passed :-

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"1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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2. The present application has been filed with the prayer to quash the summoning order dated 22.4.2024, passed by the learned Additional Sessions Judge, Court No.12/Special Judge, POCSO Act, Unnao, in Special Sessions Trial No.888 of 2024; State Versus Guddu as well as charge-sheet dated 15.7.2020 arising out of Case Crime No.973 of 2019, under sections-363, 366 I.P.C. and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012.

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3. Learned counsel for the applicant submits that the marriage of applicant has already been solemnized with the respondent no.3/victim of the case in question and from their wedlock, they are having one child aged about four years, therefore, the proceeding of the present case in question would be futile one and the same is liable to be quashed.

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4. Issue notice to the respondent no.2 returnable at an early date.

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5. List this case on 16.12.2024 at 11:30 AM.

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6. On the next date, applicant, respondent no.2 (complainant) as well as respondent no.3 (victim) shall appear in person before this Court.

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7. SHO, PS- Kotwali, District- Unnao is directed to ensure the presence of respondent nos.2 and 3 before this Court on the next date.

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8. Till the next date, impugned proceeding shall remain stayed.".

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"1. Vakalatnama filed by Sri O.P. Tiwari, Advocate, on behalf of respondent no.2 is taken on record. He informs that the complainant is unable to appear before this Court today and has

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requested for some other date.

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2. List this case on 04.02.2024 at 11.30 a.m.

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3. On the next date parties shall again appear in terms of earlier order.

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4. Interim order granted earlier shall continue to operate till the next date of listing."

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"Heard.

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Vide order dated 26.11.2024, this Court directed the SHO, PSKotwali, District- Unnao to ensure the presence of respondent nos.2 and 3 before this Court on the next date fixed i.e. 16.12.2024.

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On 16.12.2024, the following order was passed:-

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"1. Vakalatnama filed by Sri O.P. Tiwari, Advocate, on behalf of respondent no.2 is taken on record. He informs that the complainant is unable to appear before this Court today and has requested for some other date.

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2. List this case on 04.02.2024 at 11.30 a.m.

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3. On the next date parties shall again appear in terms of earlier order.

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4. Interim order granted earlier shall continue to operate till the next date of listing."

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Today, when the case is called out, learned counsel for the applicant and learned counsel for opposite party No.2 are present, but no one appeared on behalf of opposite party No.3.

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Taking note of the aforesaid as also that there is no report of concerned SHO with regard to opposite party No.3, the SHO, PSKotwali, District- Unnao is directed to inform the opposite party No.3 regarding the next date fixed in the instant case and ensure that opposite party No.3 shall remain present before this Court on the next date fixed.

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List/ put up this case on 27.02.2025.

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Interim order dated 26.11.2024 shall continue till the next date of listing."

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In pursuance of the aforesaid orders, victim (opposite party no.3) and complainant-mother of the victim (opposite party no.2) are present before this Court along with S.I. Amar Chand of police station Kotwali, district Unnao. The victim has categorically stated before this Court that her child has been taken away by the applicant and at present he is in custody of the applicant. She also stated that

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applicant also entered into marriage with one Payal.

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List this case 05.03.2025.

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On the next date, applicant, the victim (opposite party no.3) as well as mother of the victim (opposite party no.2) shall again appear before this Court. The applicant (Guddu Gautam), who is present before this Court, is directed to produce the child, namely, Suryansh before this Court on the next date.

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S.I. Amar Chand of police station Kotwali, district Unnao, who is present before this Court today, need not appear until further orders of this Court.

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Interim order granted earlier shall continue till the next date of listing.

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Order Date :- 27.2.2025. Rks.

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Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Guddu Gautam v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

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Guddu Gautam v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

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