Neutral Citation No. - 2025:AHC:109175 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22141 of 2025 Applicant :- Arun And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.,Krishna Kant Dubey,Santosh Kumar Dubey Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants, Sri Santosh Kumar Dubey, learned counsel for opposite party no. 2 and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to allow this application and direct the learned trial court to call the witness i.e. PW1-Manisha, PW2-Phoolwati and PW3- Raju and further prayer to direct the learned trial court to call and conduct the cross-examination of PW1-Manisha, PW2-Phoolwati and PW3-Raju afresh, who are the witnesses of the said incident in S.T. No. 428 of 2021 (State vs. Arun) under Sections 354-ka, 354- kha, 342 IPC and Section 7/8 of POCSO Act, Police Station Simbhawali, District Hapur. 3. Learned counsel for the applicants has submitted that an application under section 311 Cr.P.C. was filed by the applicants on 24.01.2025 stating therein that some questions which were necessary to be asked have not been placed before the witnesses i.e. PW1-Manisha, PW2-Phoolwati and PW3-Raju and therefore, it is necessary to call the victims before the learned trial court. It is further submitted that the learned trial court has dismissed the aforesaid application of the applicants vide order dated 02.05.2025 stating therein that the application has been filed only to linger on the trial. Being aggrieved with the above order, present application has been preferred. 4. Per contra, learned A.G.A. for the State and Sri Santosh Kumar Dubey, learned counsel for opposite party no. 2 have vehemently opposed the prayer as made in the application and submitted that after considering the material on record, learned concerned court passed the impugned order. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it is crystal clear that at the stage of Section 313 Cr.P.C., the application which has been preferred at the behest of the applicants under Section 311 Cr.P.C. has been rejected and there is hardly any ground put-forward either before learned trial court or before this Court which compelled to attract some attention over the application preferred by the applicants under Section 311 Cr.P.C. and learned counsel could not describe the circumstances under which the relevant question whatsoever has been framed has not been put to cross at the time of prosecution witnesses. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. Order Date :- 9.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad