RAFUDDEENversusSTATE OF U.P. AND ANOTHER

    HIGH COURT OF JUDICATURE AT ALLAHABAD
         APPLICATION U/S 528 BNSS No. - 15930 of 2026



Rafuddeen
                                                   .....Applicant(s)
                              Versus

State of U.P. and Another
                                                      .....Opposite
                                                            Party(s)

Counsel for Applicant(s)                :   Mohammad Belal
Counsel for Opposite Party(s)           :   G.A.

Court No. - 77


           HON'BLE SAURABH SRIVASTAVA, J.

1. Heard Mr. Mohammad Belal, learned counsel for the applicant
and learned A.G.A. for the State.

2. The applicant, by means of this application has invoked the
inherent jurisdiction of this Court with a prayer to quash the order
dated 25.2.2026 passed by learned Additional District and
Sessions Judge/Special Judge (POCSO), SC/ST Act, Hapur in
Session Case no. 145 of 2025 arising out of Case Crime no. 573
of 2023 under sections 147, 336, 304 IPC, PS- Pilkhuwa, District
Hapur.

3. Learned counsel for applicant submitted that during trial of
aforesaid Session Case no. 145 of 2025, on dated 2.9.2024 and
17.3.2025, testimony of PW1 and PW2 was recorded but on that
date some important questions could not be asked by the
applicant's counsel. Being aggrieved with same, applicant moved
application under Section 311 Cr.P.C before learned trial court on
2.2.2026 mentioning that it is necessary to provide opportunity to
applicant for witness/cross-examination of PW1 and PW2 but the
said application has been rejected vide impugned order dated
25.2.2026. Learned counsel for applicant undertakes not to seek
further cross-examination of any prosecution witnesses and
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prayed for only one date opportunity to cross-examine PW-1.

4. Per contra, learned AGA opposed the prayer sought through
the instant application.

5. Since the entire argument has been raised by learned counsel
for applicant over legal issue as such process to issue notice to
opposite party no. 2 is hereby dispensed with.

6. Learned counsel for applicant placed reliance upon a decision
of this Court in the case of G.R.Gulati Vs. State of U.P. &
another, 2014 (3) JIC 729 (Alld), wherein paragraphs 6 and 9 it
has been held as below:

"6. .....There is a duty cast upon the court to arrive at the truth by all
lawful means and one of such means is the examination of witnesses of its
own accord when for certain obvious reasons either party is not prepared
to call witnesses who are known to be in a position to speak important
relevant facts.
...
...
9. .....The prompt decision of criminal case is to be commended and
encouraged but in reaching at these results, the accused, who are
charged with a serious offence, must not be stripped of his valuable right
of a fair and impartial trial because it would be negation of concept of
due process of law. Regardless of the merits of the case, the court has not
only to look into the case of the prosecution but has also to keep in mind
the defence version."

7. Having considered the arguments so advanced by learned
counsel for the parties and looking into the gravity of the offence
for which the applicant has been charged and to balance the scale
of justice, order dated 25.2.2026 passed by learned Additional
District and Sessions Judge/Special Judge (POCSO), SC/ST Act,
Hapur in Session Case no. 145 of 2025, is hereby quashed.
Applicant be allowed only one date opportunity to cross-examine
PW-1 and PW-2 at the cost Rs.2,000/- to be deposited by the
applicant before trial court concerned and thereafter learned trial
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                                        court will summon PW-1 and PW-2 for cross-examination on the
                                        date fixed and the witness will be cross-examined on the same
                                        date positively. However, it is made clear that if statement under
                                        Section 313 Cr.P.C. has already been recorded, no opportunity in
                                        favour of applicant for cross-examining the PW-1 and PW-2 will
                                        be extended by learned trial court concerned.

                                        8. In view thereof, the instant application is partly allowed.


                                        May 5, 2026
                                        Shaswat

                                                                                  (Saurabh Srivastava,J.)




Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad