Neutral Citation No. - 2025:AHC:51434 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11257 of 2025 Applicant :- Vinod Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arjun Kashyap,Dharm Vir Jaiswal,Harsh Vikram Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA. 2. By means of present application, applicant has challenged orders dated 02.03.2023 and 16.10.2024 passed by learned Special Judge (POCSO Act), Court No.1, Moradabad in Session Case No.60 of 2021, arising out of Case Crime No.396 of 2020, under Sections 354, 354-A, 323, 504, 506 IPC and Section 7/8 POCSO Act, P.S. Mainather, District Moradabad. 3. Learned counsel for applicant submitted that applicant is an accused in the said case wherein trial is going on. Learned counsel for applicant further submitted that vide impugned order dated 02.03.2023, learned court concerned closed the opportunity of applicant to cross-examine the informant (P.W.-2) due to non presence of applicant, whereas an exemption application on his behalf seeking exemption from appearance for 02.03.2023 was preferred but without considering the same, order dated 02.03.2023 was passed. Being aggrieved with the said order, applicant preferred an application for seeking an opportunity to cross examine the informant but the same was rejected vide impugned order dated 16.10.2024. 4. Only grievance of applicant is that at least one opportunity may be afforded to him to cross-examine the informant (P.W.-2) which is required for fair trial of the said case. 5. Per contra, learned AGA opposed the prayer sought through the instant application and submitted that learned court concerned has rightly rejected the application for seeking opportunity to cross- examine the informant (P.W.-2) since applicant/accused was not present on 02.03.2023. 6. After having the rival contentions raised by learned counsel for parties, the Court notes that applicant is seeking only one opportunity to cross-examine the informant (P.W.-2) and not more than that and as such, orders dated 02.03.2023 and 16.10.2024 passed by learned Special Judge (POCSO Act), Court No.1, Moradabad in Session Case No.60 of 2021, arising out of Case Crime No.396 of 2020, under Sections 354, 354-A, 323, 504, 506 IPC and Section 7/8 POCSO Act, P.S. Mainather, District Moradabad, are hereby quashed. 7. 7. Learned Special Judge (POCSO Act), Court No.1, Moradabad is hereby requested to provide one last opportunity in favour of applicant by fixing a date to cross-examine the informant (P.W.-2). 8. Accordingly, the instant application is allowed. Order Date :- 8.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad