Neutral Citation No. - 2025:AHC:107750 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 21521 of 2025 Applicant :- Ameer Alam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Pankaj Bharti, learned counsel for the applicant, Sri N.K. Upadhyay, learned A.G.A. for the State-O.P. no.1 and perused the record. Sri Sushil Kumar Pandey, Advocate has filed Vakalatnama on behalf of O.P. no.2, which is taken on record. 2. The present application has been filed by the applicant praying for quashing impugned order dated 28.05.2025 in Sessions Case(POCSO) No.2769 of 2023 (State vs. Ameer Alam) under Section 376 IPC and under section 3/4 of POCSO Act, Police Station-Titawi, District-Muzaffar Nagar arising out of Case Crime No.307 of 2023 pending before the court of Additional Sessions Judge/Special Judge (POCSO Act), Muzaffar Nagar by which application under Section 311 Cr.P.C. filed by the present applicant, has been rejected. 3. An FIR was lodged on 04.11.2023 by O.P. no.2 against the present applicant and others for the offence under Sections 376 IPC and Section 3/4 of POCSO Act wherein it was alleged that the applicant has committed rape with daughter of the informant. After completion of investigation, chargesheet was filed and thereafter summon was issued and subsequently, trial of the case commenced in the year 2023. During trial, statement of PW 1 to PW 7 have been recorded and even the statement of accused under section 313 Cr.P.C. has been recorded. Thereafter, on 13.05.2025 was moved by the prosecution for disposed of its earlier application u/s 311 Cr.P.C. Thereafter, the applicant has also moved an application seeking examination of PW 7 as defence witness in view of subsequent developments during trial of case, which has been rejected vide order dated 28.05.2025, which has been assailed by means of instant application. 4. Learned counsel for the applicant submitted that the applicant has moved application for summoning PW 7 to be examined as defence witness just for the purpose for exhibiting the application of mother of the alleged victim, which is necessary for fair and just decision of the case but the court below has rejected the said application without going into the gravity of the matter. He further submits that the application of the applicant has been mechanically rejected by the court below without properly appreciating the circumstances of the case and without following the provisions of law. The impugned order is perverse, erroneous and unsustainable in the eyes of law. 5. Per contra, learned A.G.A. as well as learned counsel for O.P. no.2 vehemently opposed the application and contended that entire exercise of filing application has been done by the applicant just to delay the trial of the case. He further submits that the Court below has rightly rejected the application and no interference is required by this Court in the impugned order. 6. I see no illegality in the impugned order passed by the trial court and I am of the view that the said application was filed by the applicant just to prolong the trial of the case. I find no merit in the instant application. 7. The instant application is, accordingly, dismissed. Order Date :- 8.7.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad