Neutral Citation No. - 2025:AHC:115295 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 20838 of 2025 Applicant :- Mumtaz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Khalid Mahmood,Mariyam Azam Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Khalid Mahmood, learned counsel for the applicant, Sri Shashidhar Pandey, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 528 BNSS has been filed by the applicant praying for quashing the order dated 15.04.2025 passed by Additional Sessions Judge/Special Judge (POCSO Act), Court No.1, Meerut in Sessions Trial No.935 of 2022 (State v. Mumtaz) arising out of Case Crime No.74 of 2022, under Sections 328, 376, 504, 506 IPC, P.S. Delhigate, District Meerut. 3. In the instant matter, an FIR was lodged by O.P. no.2 against the applicant under Sections 376, 328, 504, 506 IPC, P.S. Delhigate, District Meerut. In the said case, after investigation chargesheet was filed and summons were issued and the trial is going on. During course of trial the applicant has filed an application under Section 348 BNSS for recalling the witness PW-2 for further cross-examination on the ground that for some reason the victim was not cross-examined, which has been rejected vide order dated 15.04.2025. The said order has been challenged by means of instant application. 4. Learned counsel for the applicant submits that certain questions need to be put to the victim for the proper adjudication of the matter, hence, the said application was filed by the applicant, which has wrongly been rejected by the impugned order. He further submits that the impugned order is liable to be quashed. 5. Per contra, learned A.G.A. has vehemently opposed the application and contended that the evidence has been completed and the application under Section 348 BNSS was filed just to delay the trial and pressurize the victim. 6. After hearing learned counsel for the parties and perusing the record, it reveals that this application has been filed without necessary documents, even the FIR has not been filed. It also reveals that after completion of cross-examination of the victim fresh application under Section 348 BNSS was moved stating that certain questions were not asked from the victim. The entire endevour of the applicant is to delay the trial. I see no illegality and infirmity in the impugned order. 7. The instant application is, accordingly, dismissed. 8. The trial Court is directed to conclude the trial at the earliest without giving any unnecessary adjournment to either party. 9. Registrar (Compliance) of this Court is directed to send a copy of this order to the trial Court. Order Date :- 16.7.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad