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2025 DAILYLAW 106306 (ALL)

SARVESH YADAV v. STATE OF U.P. AND ANOTHER

CRLR/5726/2024 · 2025-07-24

Harvir Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123375 Court No. - 92 Case :- CRIMINAL REVISION No. - 5726 of 2024 Revisionist :- Sarvesh Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjay Shukla Counsel for Opposite Party :- G.A. Hon'ble Harvir Singh,J. 1. Case called out in the revised call. None is present on behalf of the revisionist to press this revision. However, learned A.G.A. is present. 2. As per the order dated 20.02.2025, the matter was mentioned by the learned counsel for the revisionist for taking it out of turn and thereafter none has appeared in this case, even today. 3. By way of present revision, the revisionist has challenged the order dated 05.10.2024 passed by learned Additional Sessions Judge/POCSO Act Court No. I, Gorakhpur. By the said order, the application moved by the revisionist for re-examination of the victim has been rejected. The revisionist has stated that certain important questions were to be asked to the victim, those are necessary for just an appropriate trial of the case. 4. A bare perusal of the order dated 05.10.2024, reveals that the examination-in-chief as well as cross-examination of the victim has already been completed and no plausible ground has been raised, so that the victim (PW-1) can further be summoned. The questions as alleged in the application are not so relevant and necessary that in the absence of these questions, as alleged in the application, the Trial Court cannot reach to an appropriate stage. It has also been stated in the order dated 05.10.2024 that by recalling the victim, there is likelihood that the victim may become hostile and may not support the prosecution and thus frustrate the case of prosecution. 5. Having gone through the order dated 05.10.2024 there appears no error or illegality in the impugned order, the same calls for no interference by this Court. 6. The present revision is devoid of merits and the same is accordingly dismissed. Order Date :- 25.7.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad