Neutral Citation No. - 2025:AHC:107292 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 21525 of 2025 Applicant :- Gautam Opposite Party :- State Of U.P. And 3 Other Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant seeking to quash the order dated 12.05.2025 passed by the learned Additional District Judge/Upper Special Judge (POCSO Act), Room No.14, Saharanpur, whereby the defence evidence was closed in Special Sessions Trial arising out of Case Crime No. 371 of 2017, under Sections 363, 366, 376-D, 368, 344 I.P.C. and Sections 5/6 of the POCSO Act, Police Station Fatehpur, District Saharanpur. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the aforesaid case, wherein an F.I.R. was lodged by opposite party no.2 on 16.11.2017, which was registered as Case Crime No. 371 of 2017. After completion of investigation, the police submitted charge-sheet against the applicant under Sections 363, 366, 376-D, 368, 344 I.P.C. and Section 5/6 of the POCSO Act. Cognizance was taken, and the learned trial court issued summons to the applicant to face trial. The applicant was granted bail by this Hon'ble Court in Bail Application No. 23860 of 2019 vide order dated 16.07.2019. Co-accused Pankaj and Pawan were also granted bail by this Hon’ble Court vide orders dated 18.07.2019 and 04.02.2021 respectively. 4. Learned counsel further submits that the applicant had moved an adjournment application on 08.03.2022, which was allowed, but thereafter, a non-bailable warrant was issued against him on 06.04.2022 due to his absence, and the case was separated on 06.05.2024 by the learned trial court. Subsequently, the trial proceeded and the prosecution examined all its witnesses. The statement of the applicant under Section 313 Cr.P.C. was recorded. The applicant was allowed to lead defence evidence, and the testimony of DW1 Smt. Sushila was recorded on 25.04.2025. The case was then fixed for further defence evidence on 29.04.2025. However, the learned trial court, vide its order dated 12.05.2025, illegally and arbitrarily closed the defence evidence. It is contended that the said order is unjust and has caused grave prejudice to the defence of the applicant. 5. Per contra, learned A.G.A. has opposed the application and submitted that the applicant was duly afforded sufficient and repeated opportunities to lead his defence evidence. One defence witness has already been examined, and despite the case being fixed for further defence evidence, no witness was produced thereafter. It is evident that the applicant had the opportunity to examine defence witnesses but chose not to do so. The present application is a tactic to delay the conclusion of trial, which is already at an advanced stage. 6. Upon hearing the submissions and perusing the record, this Court finds that the applicant was indeed granted a fair opportunity to lead defence evidence. One defence witness has been examined, and the matter was posted for further defence, but the applicant failed to utilize the opportunity. It is evident that the applicant chose not to examine further witnesses and is now seeking to reopen that stage merely to protract the proceedings. The learned trial court has not committed any illegality in closing the defence evidence. 7. In view of the above, this Court does not find any good ground to interfere with the order dated 12.05.2025 passed by the learned trial court. 8. Accordingly, the instant application stands dismissed. Order Date :- 8.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad