Neutral Citation No. - 2025:AHC:60081 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 12392 of 2025 Applicant :- Lalit Kaushik Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shyam Shanker Pandey, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. On the matter being taken up, learned AGA submits that notice of this application under Section 528 B.N.S.S. has been served upon the first informant-opposite party no.2 on 7.4.2025. However in spite of service of notice neither any counter affidavit has been filed by first informant/opposite party no.2 in opposition to this application nor any one has put in appearance on his behalf to oppose this application even in revised call. 4. By means of this application under Section 528 BNSS applicant-Lalit Kaushik, who is facing trial before Court below, has approached this Court with the following prayer:- "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 20.3.2025 passed by learned Special Judge (POCSO Act), Court No.1, Moradabad in Application No.66B under Sectin 347 B.N.S.S. in Session Trial No.707 of 2023 (State Vs. Lalit Kaushik) arising out of Case Crime No.311 of 2023 under Sections 342, 376, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Civil Line, District Moradabad. It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire criminal proceeding of Session Trial No.707/2023 (State Vs. Lalit Kaushik) arising out of Case Crime No.311/2023 under Sections 342, 376, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Civil Line, District Moradabad, pending in the Court of learned Special Judge (POCSO Act), Court No.1, Moradabad, during the pendency of the case before this Hon'ble Court. And/or to pass such other and further order as this Hon'ble Court may deem fit and proper in the interest of justice, otherwise applicant will suffer irreparable loss and injury." 5. At the very outset, the learned A.G.A. for State-opposite party-1 has raised a preliminary objection by submitting that perusal of the application under Section 347 B.N.S.S. filed on behalf of applicant before the court below, copy of which is on record at page 70 of the paper book, will go to show that the specific questions proposed to be put to the witnesses sought to be recalled i.e. PW-1 have not been mentioned therein. Since, the proposed questions have not been mentioned in the application, therefore there is no averment regarding relevancy of the same. Referring to the judgment of Supreme Court in Raja Ram Prasad Yadav Vs. State of Bihar and Another (2013) 14 SCC 461, the learned A.G.A. thus submits that the Apex Court in aforementioned judgment has laid down the parameters for judging the bona fide of an applicant in filing an application under Section 311 Cr.P.C., now Section 347 B.N.S.S. However, in the absence of above, the veracity of the application aforementioned cannot be examined in the light of parameters laid down in aforementioned judgment of Supreme Court. As such, no illegality has been committed by Court below in rejecting the application under Section 311 Cr.P.C. filed by accused applicant. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party no.1 and upon perusal of record, this Court finds that the objection raised by the learned A.G.A. in opposition to this application under Section 528 B.N.S.S. are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is accordingly, dismissed. Order Date :- 15.4.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad