Neutral Citation No. - 2025:AHC:128688 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 6313 of 2025 Applicant :- Sunil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- G.A.,Sikandar Khan Hon'ble Saurabh Srivastava,J. 1. Heard Sri Balram Mishra, learned counsel for the applicant, Shri Sudhanshu Pratap Singh holding brief of Shri Sikandar Khan, learned counsel for opposite party no.2 and the learned A.G.A. for the State. 2. The applicant, by means of this application has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 25.09.2024 passed by learned Addl. Sessions Judge/Special Judge (POCSO Act), Sant Kabir Nagar in Special session trial no.0256 of 2018 (State vs. Sunil Kumar) under Section 377 IPC and 5/6 POCSO Act, Police Station Mahuli, District Sant Kabir Nagar arising out of Case crime no.196 of 2018. 3. There is no dispute about the fact that during cross examination some relevant questions are left for asking from the P.W-1 for which the applicant given an application under Section 311 Cr.P.C for recalling of the witness i.e, P.W-1 for re-examination during trial but the said application was rejected by order dated 25.09.2024. 4. Learned counsel for applicant submitted that in any case, looking into the nature of serious offence alleged and the key role in the trial to be played by the testimonies of PW-1 and the applicant ought to have been granted one opportunity to cross-examine PW-1. Learned counsel for applicant further undertakes not to seek further cross- examination of any prosecution witnesses. 5. Per contra, ShriSudhanshu Pratap Singh holding brief of Shri Sikandar Khan, learned counsel appearing for opposite party no.2 has strongly opposed the prayer sought through the instant application and submitted that applicant had already availed such opportunity and as such, no further opportunity may be granted. 6. Learned counsel for applicant placed reliance upon a decision of this Court in the case of G.R.Gulati Vs. State of U.P. & another, 2014 (3) JIC 729 (Alld), wherein in paragraphs 6 and 9 it has been held as below: "6. .....There is a duty cast upon the court to arrive at the truth by all lawful means and one of such means is the examination of witnesses of its own accord when for certain obvious reasons either party is not prepared to call witnesses who are known to be in a position to speak important relevant facts. ... ... 9. .....The prompt decision of criminal case is to be commended and encouraged but in reaching at these results, the accused, who are charged with a serious offence, must not be stripped of his valuable right of a fair and impartial trial because it would be negation of concept of due process of law. Regardless of the merits of the case, the court has not only to look into the case of the prosecution but has also to keep in mind the defence version." 7. Having considered the arguments so advanced by learned counsel for the parties and looking into the gravity of the offence for which the applicant has been charged and to balance the scale of justice, order dated 25.09.2024 passed by learned Addl. Sessions Judge/Special Judge (POCSO Act), Sant Kabir Nagar in Special session trial no.0256 of 2018 (State vs. Sunil Kumar) under Section 377 IPC and 5/6 POCSO Act, Police Station Mahuli, District Sant Kabir Nagar arising out of Case crime no.196 of 2018, is hereby quashed. Applicant be allowed one date opportunity to cross-examine PW-1 and learned trial court will summon PW-1 for cross-examination on the date fixed and the witness will be cross-examined on the same day positively. 8. In view thereof, the instant application is allowed. Order Date :- 29.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad