Neutral Citation No. - 2025:AHC:5551 Court No. - 71 Case :- APPLICATION U/S 482 No. - 38982 of 2024 Applicant :- Nikhil Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jamil Ahamad Azmi,Mohd Umar Farooq Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Mohd Umar Farooq, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. At the very outset, the learned A.G.A. submits that notice of present application under Section 482 Cr.P.C. has been served upon first informant opposite party No.2 on 07.11.2024. However, in spite of service of notice upon first informant opposite party-2 neither any counter affidavit has been filed by first informant/opposite party No.2 nor anyone has put appearance on his behalf to oppose this application even in revised call. 4. Applicants-Nikhil Singh And Another, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble court may kindly be pleased to quash and set aside the order dated 30.09.2024 passed by the Additional Session Judge/Special Judge POCSO Act Siddharth Nagar in Special Session Trial No. 789 of 2020 (State Versus Nikhil Singh and another) arising out of Case Crime No. 109 of 2020 under section 363, 366, 376 1.P.C, 3 (2) (V), 3 (1) (W) (i) S.C.S.T. Act and 5/6 POCSO Act, Police Station Chilhiya, District Siddharth Nagar and direct the Learned Trial Court to recall the PW1/victim for further cross examination exercising the powers conferred under section 311 Cr.P.C. as otherwise the applicants shall suffer irreparable loss and injury. And further this Hon'ble Court may kindly be pleased to stay the further proceedings of Special Session Trial No. 789 of 2020 (State Versus Nikhil Singh and another) arising out of Case Crime No. 109 of 2020 under section 363, 366, 376 I.P.C, 3 (2) (V), 3 (1) (W) (i) S.C.S.T. Act and 5/6 POCSO Act, Police Station Chilhiya, District Siddharth Nagar during the pendency of present application under section 482 Cr.P.C as otherwise the applicants shall suffer irreparable loss and injury." 5. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that from the perusal of the application dated 01.07.2024 under Section 311 Cr.P.C. filed by accused- applicants before Court below, copy of which is on record at page 115 of the paper book, it is evident that the questions proposed to be asked to the witnesses have not been nominated. Since the proposed question has not been mentioned in the application, therefore there is no averment regarding the relevance of the same. Referring to the judgment of Supreme Court in Raja Ram Prasad Yadav Vs. State of Bihar and Another (2013) 14 SCC 461, the learned A.G.A. contends that the observations made in aforementioned judgment stand clearly attracted. As such, no illegality has been committed by Court below in rejecting the application under Section 311 Cr.P.C. filed by accused applicants. Resultantly, the present application is liable to be dismissed. 6. When confronted with above, the learned counsel for applicants could not overcome the same. 7. Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicants with reference to the record. As such, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 10.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad