JITENDRA GUPTA ALIAS JITU GUPTA AND 3 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME CIVIL SECTT. LKO. AND 3 OTHERS
A482/8440/2025 · 2025-10-09
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167989 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167989 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8440 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. Heard learned counsel for the applicants. Present petition has been filed with the prayer to quash the impugned summoning order dated 20.5.2025 issued by Additional Sessions Judge II/ POCSO Act in Session Case No.837/2025 [State vs. Jitendra Gupta and Others], arising out of case crime no.94/2024 under section 323, 504, 506 and 354 IPC and 7/8 POCSO Act against applicant no.1 and under Section 323, 504, 506 IPC against applicant no.2 to 4, police station - Acalganj, District Unnao as well as entire criminal proceedings of the aforesaid case pending in the Court of learned Additional District Judge II/ POCSO Act Unnao along with impugned charge sheet no.130/2024 dated 11.07.2024. Learned counsel for the applicants submitted that there was a matrimonial dispute between the complainant and applicant no.1 and thereafter only with the intention to make pressure complainant initiated the prosecution in question by using her minor daughter as a tool and he further submitted that relevant evidences were not considered by the Investigating Officer and charge sheet was submitted and he also submitted that there is a possibility of settlement through mediation in case matter is sent to Mediation Centre. Learned A.G.A. has vehemently opposed the prayer of applicants and submitted that there are serious allegations against father made by her minor daughter and her statement under section 161 and 164 CrPC were recorded and defence of applicant cannot be considered at this stage and he also submitted that in case any material evidence was not considered by the Investigating Officer then applicant was having adequate remedy but he never availed the same, therefore, defence cannot be considered at this stage and requested for dismissal of the writ petition. Versus Counsel for Applicant(s) : Dhruvendra Kumar Singh Counsel for Opposite Party(s) : G.A. Jitendra Gupta Alias Jitu Gupta And 3 Others .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s)
Considering the submissions of learned counsel for the applicants and going through the contents of the petition as well as FIR and the statement of the victim recorded under section 161 and 164 CrPC, the defence of the applicants cannot be considered at this stage. The petition is misconceived and the same is hereby dismissed.
October 9, 2025 mks A482 No. 8440 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench