HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7432 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Heard Shri Abhishek Shukla, learned counsel holding brief of Shri Syed Ahmad Mehdi, learned counsel for the applicant and learned AGA for the State. By the impugned order the application made on behalf of the applicant for summoning the Chief Medical Officer as a defence witness has been declined. The medical report drawn up by the Chief Medical Officer under Section 27 of the POCSO Act read with Section 164-A of the Cr.P.C. has been tendered as prosecution evidence before the trial court. However, the Chief Medical Officer was not examined by the prosecution. The aforesaid medical report opines that the age of the victim is about 18 years. The aforesaid witness is hence relevant and critical to the defence of the accused. Undoubtedly the applicant had many occasions to make an application for production of the aforesaid defence witness but he did not do so. Mere delay in the trial cannot be the sole ground for refusing the application under Section 311 Cr.P.C. The legislative purpose of Section 311 Cr.P.C. is to enable the Court to arrive at the truth after examining all relevant witnesses. The Chief Medical Officer is a material witness in the facts of this case. Versus Counsel for Applicant(s) : Syed Ahmad Mehdi, Prabhakar Pandey Counsel for Opposite Party(s) : G.A. Ashwani Kumar @ Gullu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) In this wake the impugned order dated 04.08.2025 is liable to be quashed and is quashed. The application filed by the applicant for summoning the Chief Medical Officer, Ayodhya is allowed. The learned trial court shall proceed in accordance with law. The applicant is directed to cooperate in the proceedings before the learned trial court. The Application U/S 482 is allowed. September 10, 2025 Vandit A482 No. 7432 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad, Lucknow Bench