HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9601 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard Shri Sanjeev Trivedi, learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed with a prayer to quash the order dated 23.09.2025 passed by Special Judge, (POCSO) Act Unnao Court no. 12 in Case Crime no. 519 of 2017 P.S. Fatehpur Chaurasi, District Unnao. 3. Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and charge sheet was submitted by the Investigating Officer and thereafter trial proceeded. Sri Omkar Yadav, In-charge Principal was called as PW3 by the prosecution for verifying the school records in which the date of birth of the victim was mentioned. His examination-in-chief was conducted on 11.10.2021 but due to personal reasons, he was not cross examined by the counsel for defence, as a result whereof, cross examination was closed by the learned trial court. Thereafter, an application under Section 311 Cr.P.C. was filed and instead of calling Sri Omkar Yadav, Sri Vimal, In-charge, Principal was called and his statement was recorded on 07.12.2024. Sri Sushil Kumar was also called as P.W.8 but Sri Omkar Yadav, who had taken the admission of victim was not recalled. Thereafter, fresh application was filed on 23.09.2025 for recall of Sri Omkar yadav, the then In-charge, Principal of the school in question but the said application was rejected by learned court below therefore, kind indulgence of this court is necessary. Versus Counsel for Applicant(s) : Sanjeev Trivedi, Mohd. Shahid Chaudhary Counsel for Opposite Party(s): G.A. Surendra Kumar .....Applicant(s) State Of U.P. Thru. Principal Secretary Lko. And 3 Others .....Opposite Party(s) 4. Learned AGA vehemently opposed the prayer of applicant and submitted that P.W.3 Sri Omkar Yadav, In-charge, Principal, Prathmik Vidhyalaya, Katri Gadanpur was summoned and his examination-in- chief was conducted on 11.10.2021, and on the said date, defence counsel refused to cross examine the aforesaid witness and thereafter he filed an application under Section 311 Cr.P.C. for recalling P.W.3 Sri Omkar Yadav. The said application was allowed on 29.07.2024 and P.W.3 Sri Omkar Yadav was called for cross examination, but due to his retirement, the In-charge, Principal Sri Vimal appeared before the Court for verification of documents and detailed cross examination was conducted. Thereafter, another application under Section 311 Cr.P.C. was filed on 25.06.2025, which was also accepted and the In-charge, Principal/Head Master of the school was summoned. 5. As a result, Sri Sushil Kumar, In-charge, Principal/Head Master, Prathmik Vidhyalaya, Katri Gadanpur appeared and he was examined as PW.8 as well as he was also cross examined and he verified all the relevant record of the school in question. Learned counsel submitted that only with an intention to linger on the trial of the case in question, he filed another application, as the case is listed for final hearing, therefore, vague application of the applicant was rejected. 6. Considering the submissions of learned counsel for the parties and going through the contents of the application and relevant records, as initially Sri Omkar Yadav, In-charge, Principal/Head Master was called of the school in question was called for verification of the school record as his examination-in-chief was conducted on 11.10.2021 and on the said date, cross examination was refused by the defence counsel. Thereafter, two applications were filed under Section 311 Cr.P.C. for recalling the Principal/Head Master of the school in question as Sri Omkar Yadav, had attained the age of superannuation. Then, Sri Vimal as well as Sri Sushil Kumar, subsequent In-charge, Head Master were called and they were examined and cross examined. The school record related to the victim in question was also discharged and an application dated 23.09.2025 was again filed under section 311 Cr.P.C. for recalling Sri Omkar Yadav, without mentioning any specific question which was to be asked from him, as the case is being listed for final hearing therefore, this court is of the view that there is no illegality in the order passed by the learned court below. 7. Accordingly, the present application is misconceived. The same is hereby, dismissed. December 3, 2025 Pks A482 No. 9601 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench