Neutral Citation No. - 2025:AHC:140947 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 21467 of 2025 Applicant :- Muinuddin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hari Om Sharan Tiwari,Sandeep Kumar Yadav,Shrikant Chaturvedi Counsel for Opposite Party :- G.A.,Krishna Kanhaiya Soni,Sharad Kumar Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by the applicant for quashing the order dated 02.05.2025 passed by Additional Sessions Judge/Special Sessions Judge (POCSO Act), Bijnor in Session Trial No. 1970 of 2024 (State Vs. Moinuddin), arising out of Case Crime No. 275 of 2024, under Sections 64, 351(3) B.N.S., Section 4 POCSO Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, Police Station Afzalgarh, District Bijnor. 3. Learned counsel for the applicant submits that opportunity to cross examine PW-1 and PW-2, who have already been examined, has been rejected by the impugned order. Learned counsel for the applicant further submits that applicant was represented through Defence Counsel appointed by Legal Services Authority and proper examination could not take place. Now regular Advocate has been appointed and he would cross examine PW-1 and PW-2. Learned counsel for the applicant further submits that witnesses were examined in February 2025 itself. 4. Sri Krishna Kanhaiya Soni, learned counsel for opposite party no. 4 would have no objection if PW-1 and PW-2 are cross examined by the applicant. 5. In the interest of justice, the impugned order dated 02.05.2025 passed by Additional Sessions Judge/Special Sessions Judge (POCSO Act), Bijnor in Session Trial No. 1970 of 2024 (State Vs. Moinuddin), arising out of Case Crime No. 275 of 2024, under Sections 64, 351(3) B.N.S., Section 4 POCSO Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, Police Station Afzalgarh, District Bijnor is hereby set aside and the applicant is granted opportunity to cross-examine PW-1 and PW-2. 6. The prosecution is directed to present PW-1 and PW-2 for cross examination on the next date before the court concerned. If the applicant fails to cross examine the witnesses, the opportunity stands closed. 7. With the aforesaid direction, the application under Section 528 BNSS is allowed. Order Date :- 19.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad