ARMANversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 40683 of 2026

Arman
                                                           .....Applicant(s)
                                    Versus

State Of U.P. And 3 Others
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                         :    Deepak Rana
Counsel for Opposite Party(s)                    :    G.A.

Court No. - 75
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the material brought on record.

2. The instant application under Section 528 B.N.S.S. has been filed
challenging the order dated 23.06.2026 passed by learned Additional
Sessions Judge (POCSO Act)-II, Hapur in Sessions Trial No. 293 of 2024
(State Vs. Arman), arising out of Case Crime No. 37 of 2024, under
Sections 452, 354, 506 I.P.C. and Section 9m/10 of Protection of Children
From Sexual Offences Act, Police Station Hafizpur, District Hapur,
whereby the application under Section 348 B.N.S.S./ 311 Cr.P.C. for
summoning the prosecution witness-P.W.2 (victim) for further cross
examination has been rejected.

3. Learned counsel for the applicant submits that the application No. 10-
Kha under Section 348 B.N.S.S./ 311 Cr.P.C. was moved on behalf of the
applicant with the prayer that in the cross examination of the victim
(P.W.2) certain questions were remained to be asked, therefore, the said
prosecution witness be summoned for further cross examination, but the
learned Sessions Judge has rejected the said application without
application of mind in cursory manner.

4. Per contra, the learned A.G.A. for the State submits that the application
moved on behalf of the applicant under Section 348 B.N.S.S./ 311 Cr.P.C.
before the trial court was nothing but the same was filed for the purpose
of harassment of the victim and to delay the trial. The applicant was given
adequate opportunity to cross-examine the victim and he had already
cross-examined her. Thus, the trial court has rightly rejected the said
application filed by the applicant by the impugned order. There is no
merit in the case and the present application may be dismissed.

5. I have considered the rival submissions advanced by the learned
counsel for the parties. I have also perused the material available on
                                                                                          NA528 No. 40683 of 2026
                                                                   2


                                    record and also gone through the impugned order dated 23.06.2026
                                    passed by the learned Sessions Judge. In the impugned order it has been
                                    observed by the trial court that earlier adequate opportunity was given to
                                    the accused to cross examine the victim and he had already availed the
                                    same and now the present application has been moved on his behalf with
                                    the prayer to recall the victim to cross-examine her again, which is
                                    nothing but an abuse of process of law and it appears that the applicant
                                    wants to linger on the trial anyhow. Thus, there is no illegality or
                                    infirmity in the impugned order and the same has rightly been passed by
                                    the trial court after considering the entire facts and circumstances of the
                                    case. There is no merit in the present application and the same is liable to
                                    be dismissed.

                                    6. Dismissed accordingly.


                                                                                 (Dr. Gautam Chowdhary,J.)
                                    September 23, 2026
                                    Mustaqeem.




Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad