Neutral Citation No. - 2025:AHC:79625 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 12299 of 2025 Applicant :- Chhabilal Pandit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.,Harish Yadav Hon'ble Rajeev Misra,J. 1. Heard Mr. Brij Lal Shukla, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Harish Yadav, the learned counsel representing first informant/opposite party-4. . 2. Perused the record. 3. Applicant-Chhabilal Pandit, who is a named as well as charge sheeted accused and facing trial before court below, has now approached this Court by means of present application under Section 528 BNSS with the following prayer: "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 27.03.2025 passed by Additional Sessin Judge/Special Judge, POCSO Act-I, Gautam Buddha Nagar as well as entire proceeding of Special Trial No. 395 of 2016 (State Vs. Chhavi Lal) arising out of Case Crime No. 1219 of 2016, under Section- 363, 366, 376 of I.P.C. & 3/4 POCSO Act,. Police Station-Sector-20 Noida, District-Gautam Budh Nagar. It is further prayed that this Hon'ble Court may graciously be pleased to direct the learned trial court to recall the witnesses in which shown in the charge sheet and the same are required in pursuance of the application filed by the applicant U/s 311 of Cr.P.C., otherwise the applicant shall suffer irreparable loss and injury. And/or may pass such other and further order or direction, which this Hon'ble Court may deems fit and proper under the facts and circumstances of the case." 4. On the matter being taken up, the learned A.G.A.for State- opposite party-1 has raised a preliminary objection by contending that since applicant is a charge sheeted accused and facing trial before court below, therefore, byy reason of above, applicant cannot guide and govern the quality and quantity of prosecution evidence. As such, the application dated 27.03.2025 under Section 311 Cr.P.C. filed by applicant for recall of certain prosecution witnesses, who have been discharged by court below was wholly misconceived. As such, no illegality has been committed by court below in passing the order impugned. On the above premise, the learned A.G.A. thus contends that no interference is warranted by this Court in present application. 5. Mr. Harish Yadav, the learned counsel representing first informant/opposite party-4 has also opposed the present application. He has adopted the arguments raised by the learned A.G.A. However, it is contended by the learned counsel for first informant that applicant can get the witnesses discharged by court below summoned as defence witnesses by moving an application under Section 315 Cr.P.C. 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-1, the learned counsel representing first informant/opposite party-2 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. and the learned counsel representing first informant/opposite party-2 in opposition to this application under Section 528 BNSS 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. As such no occasion arises before this Court to entertain the present application. 8. As a result, present application fails and is liable to be dismissed. 9. It is accordingly dismissed. Order Date :- 14.5.2025/YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad