Neutral Citation No. - 2025:AHC-LKO:43001 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6001 of 2025 Applicant :- Smt. Mamta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kamlesh Singh,Manjusha Kapil,Sushil Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Smt. Manjusha Kapil, the learned counsel for the applicant and Sri Hansraj Verma, the learned A.G.A appearing on behalf of the State. The opposite party no.2 is a retired Police Officer, who was the Investigating Officer, and, therefore, there is no need to issue notice to the opposite party no.2. 2. The application is being finally disposed of at the admission stage with the consent of the learned A.G.A, who does not proposed to file a counter affidavit keeping in view the peculiar facts and circumstances of the case. 3. By means of the instant application filed under Section 482 Cr.P.C/528 B.N.S.S, the applicant has challenged the validity of an order dated 01.07.2025 passed by the Special Judge, S.C/S.T. Act in Criminal Case No.1353 of 2025, whereby an application filed by the applicant under section 311 Cr.P.C, for giving an opportunity to cross-examine the Investigating Officer, has been rejected 4. Briefly stated, the facts alleging to the present case are that on 03.08.2019, the applicant had lodged an F.I.R No.339 of 2019 under section 354, 392 I.P.C and section 3(2)(va) of S.C./S.T. Act in P.S Mall, District Lucknow against three persons, stating that the accused persons had molested her and had snatched away a chain worn in her neck. 5. The Investigating Officer has submitted a closure report on the following day i.e. on 04.08.2019, stating that from the statement of witness, it transpired that the applicant had lodged a false F.I.R. Thereafter, the present case was instituted against the applicant for offences under sections 182/211 I.P.C. The applicant did not appear for recording her statement under section 313 Cr.P.C and, thereafter, she was taken into custody and the learned counsel for the applicant submits that the petitioner is in jail since 01.07.2025. 6. In the impugned order dated 01.07.2025, it is recorded that in the application under section 313 Cr.P.C, the applicant had stated that P.W.1 could not be cross examined as her counsel had gone out of station. An application for adjournment of the case moved on behalf was rejected and the trial court has appointed Amicus Curie and got the P.W.1 cross-examined. The trial court has referred to the order dated 08.11.2024 passed by the Hon'ble Supreme Court in S.L.P Criminal No.15424 (without mentioning year of the case) titled as "Patteeswaran Vs. State" for appointment of Amicus Curie. 7. The learned counsel for the applicant has submitted that the trial court had not obtained the applicant's consent for appointment of Amicus Curie. 8. In case any, even if the trial court had found it appropriate to appoint Amicus Curie, no person appointed as a counsel including Amicus Curie can prepare the questions for putting to a witness during cross-examination without having been given adequate time to go through the entire records of the case. Appointment of an Amicus curie after rejection of the application for adjournment and thereafter getting the cross examination of the witness conducted immediately, appears to be a mere eyewash. This undue haste shown by the trial court indicates that the trial court has passed the order without taking into consideration the aforesaid relevant aspects of the matter, which rendered the impugned order dated 01.07.2025 unsustainable in law. 9. Accordingly, the present application is allowed and the order dated 01.07.2025 passed by the Special Judge, S.C/S.T. Act in Criminal Case No.1353 of 2025 is hereby quashed. The trial court is directed to decide the application under section 311 Cr.P.C afresh after taking into consideration the observations made in this order expeditiously. (Subhash Vidyarthi,J.) Order Date :- 25.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench