Neutral Citation No. - 2025:AHC:87724 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 18538 of 2025 Applicant :- Sanjay Kumar Bashkar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pawnesh Tiwari,Sandip Kumar,Somesh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and the learned Additional Government Advocate for the State-respondent. 2. The applicant has filed the present application challenging the order dated 15.01.2025 passed by the learned Special Judge (POCSO Act)/Additional Sessions Judge, Prayagraj, in Session Trial No. 89 of 2015, titled State v. Sanjay Kumar Bhaskar, arising out of Case Crime No. 443 of 2014, under Sections 363, 366, and 376 of the I.P.C. By the said order, the learned trial court has rejected the application filed by the applicant under Section 311 Cr.P.C. 3. Learned counsel for the applicant submits that there is manifest arbitrariness and procedural unfairness in the impugned order, as the trial court has entertained and allowed a similar application under Section 311 Cr.P.C. filed by the complainant-opposite party no. 2, while rejecting the applicant's application without due consideration. It is further contended that the right to a fair trial includes the right to recall or summon witnesses, particularly where the applicant seeks to clarify certain aspects essential for a just adjudication of the matter. 4. Upon careful perusal of the record and the impugned order, it is apparent that the trial is at fag end. The trial court has, in its discretion, declined to entertain the applicant's request for recalling witnesses on the ground that the same was not substantiated by compelling reasons or any material irregularity justifying interference under Section 311 Cr.P.C. 5. This Court does not find any patent illegality or perversity in the exercise of discretion by the trial court warranting interference under its supervisory jurisdiction. The reasons recorded in the impugned order are neither arbitrary nor in violation of principles of natural justice. 6. In view of the above discussion, the application lacks merit, and is accordingly dismissed. Order Date :- 23.5.2025 Shafique Vinod Diwakar, J. Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad