Neutral Citation No. - 2025:AHC:28747 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1427 of 2025 Petitioner :- Dharmpal Maurya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sushil Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sushil Kumar Tiwari, learned counsel for petitioner and learned AGA. 2. By means of present petition, petitioner has challenged order dated 18.09.2024 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Fatehpur in Appeal No.10 of 2024 (Dharmpal Maurya Vs. State of U.P. and others) as well as order dated 03.06.2023 passed by Child Welfare Committee, Fatehpur through which concerned SHO, P.S. Radhanagar, District Fatehpur was directed to accommodate the respondent no.5 at the residence of petitioner. 3. It is the case of petitioner that being aggrieved with the order dated 03.06.2023 passed by Child Welfare Committee, Fatehpur, petitioner prefered Appeal No.10 of 2024 and the same was decided vide order dated 18.09.2024 through which order dated 03.06.2023 was set aside and matter was remitted back to pass a fresh order after extension of proper opportunity of hearing to the parties which impugned the present petition. 4. At the very outset, learned AGA submitted that in pursuance of the order dated 18.09.2024 which has been put under challenge through the instant petition, petitioner appeared before Child Welfare Committee, Fatehpur and after due opportunity of hearing to the parties, order dated 26.11.2024 has already been passed and the same is not under challenge through the instant petition. Learned AGA further submitted that once the order dated 18.09.2024 passed by learned Appellate Court, has already been complied with by petitioner by way of putting his appearance before the Child Welfare Committee, Fatehpur, the right to challenge the same has already been lost by petitioner, moreover, after availing the opportunity of hearing, petitioner already received order dated 26.11.2024 and in absence of challenge to the said order, the instant petition is not maintainable and as such, the same may be dismissed. 5. After having rival submissions extended by learned counsel for parties and going through the material available on record, it is crystal clear that order dated 03.06.2023 which was put under challenge before learned Appellate Court, was on its jurisdiction, competency and scope of Child Welfare Committee and on the basis of argument alongwith pleadings preferred at the behest of petitioner, learned Appellate Court set aside the order dated 03.06.2023 by way of remitting back the matter for passing a fresh order after due opportunity of hearing to the parties. In pursuance of the direction passed by learned Appellate Court during pendency of hearing, specific plea has been taken up by petitioner and the same has been mentioned in version of petitioner which is apparent throough the order dated 26.11.2024 which is being reproduced hereinbelow:- " धररपपल कक पपररनप पत ददनपनदकत 03.10.2024 रम यह पपररनप कक गयय हह दक दवपकय गगदडयप कक जजस अपपसत आदकश ददनपनदकत 18.09.2024 कक पभपव रम गगह अपचपर कर बलपपवरक पवकश करपयप गयप रप, आदकश अपपसत हकनक कक उपरपनत पपवर कक ससरदत बहपल करतक हहए पपरर/ अपयलपरर कक गगह कप अवहध कबजक सक रगक करपयप जपयक। इस पपररनप पत रम अनय ककई उलकखनयय तथय नहह हह।" 6. Unfortunately, the precise issue which has been raised by petitioner, has not been properly dealt with and no finding has been returned by Child Welfare Committee, Fatehpur over the same. It has also been apparent from order dated 26.11.2024 that Child Welfare Committee, Fatehpur restrained from the dispute whatsoever has been raised by respondent no.5 and directed the parties to prefer appropriate forum of law for redressal of their grievances which is available at law since the Child Welfare Committee, Fatehpur is having no jurisdiction to deal with the grievances as raised by respondent no.5. At the time of parting with the dispute raised by respondent no.5, Child Welfare Committee, Fatehpur failed to examine the vital aspect that in pursuance to order dated 03.06.2023 passed by Child Welfare Committee, Fatehpur itself, the same was executed in shape of accommodating the respondent no.5 in the house of petitioner with police aid which is the sole grievance of petitioner which culminated into order dated 26.11.2024. 7. Although order dated 03.06.2023 has been challenged through the instant petition but the same is meaningless since the said order has already been set aside by learned Appellate Court over the appeal preferred at the behest of petitioner. Final order in pursuance to the order of learned Appellate Court, has already been passed by Child Welfare Committee, Fatehpur on dated 26.11.2024 but there is hardly any endorsement in respect of application preferred at the behest of petitioner on dated 03.10.2024 and as such, petitioner will be at liberty to prefer appropriate application in pursuance to the specific prayer as made through the application dated 03.10.2024 which was already given credence but not adjudicated at the time of passing order dated 26.11.2024. If the specific application may be preferred by petitioner within stipulate period of 21 days from today, the same shall be decided by Child Welfare Committee, Fatehpur within next 30 days. 8. With the aforesaid direction, the instant petition is hereby disposed of. Order Date :- 28.2.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad