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2025 DAILYLAW 20443 (ALL)

BUDDHU @ VINAY AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

NA528/5610/2025 · 2025-09-03

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5610 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. for State. 2. The instant application has been preferred for quashing the order dated 20.01.2025 passed by learned Additional District & Session Judge/Special Judge, POCSO Act (Exclusive Court), Baghpat in Session Trial No.95 of 2022, arising out of Case Crime No.115 of 2022, under sections 323, 377, 506 I.P.C. read with sections 5m/6 of POCSO Act, P.S. Singhawli Ahir, District- Baghpat, through which application preferred under section 311 Cr.P.C./348 BNSS on behalf of applicant has been rejected, as well as to quash the entire proceedings of above-mentioned trial. 3. At the very outset, the grounds for not availing the opportunity has been described by learned counsel for applicant that there was some time illness on behalf of counsel for the applicant and some times there was some other reasons, on account of which applicant has not availed the opportunity for cross-examining the prosecution witnesses during trial. 4. Per contra, learned A.G.A. submitted that the opportunity has already been extended in favour of applicant for cross-examining the prosecution witnesses, but the same has not been availed on one pretext to another and no plausible reason has also been given by learned counsel for applicant before learned trial court for not cross-examining the prosecution witnesses, hence no ground made out for extension of prayer as made in the application. Although the finding recorded by learned trial court for denying the prayer as made through the application under section 311 Cr.P.C. with Versus Counsel for Applicant(s) : Chandra Bhushan Prasad, Dhirendra Kumar Srivastava, Javed Alam Counsel for Opposite Party(s) : G.A. Buddhu @ Vinay And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the specific order that direction has already been passed by co-ordinate Bench of this Court for expeditious disposal of trial specifically within time framed, i.e., one year. 5. Considering the above arguments as made by learned A.G.A. and the findings recorded by learned trial court, the instant application stands dismissed accordingly. September 4, 2025 Saif NA528 No. 5610 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad