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2025 DAILYLAW 72381 (ALL)

FARRUKH v. STATE OF U.P. AND 2 OTHERS

NA528/24564/2025 · 2025-07-14

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114385 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 24564 of 2025 Applicant :- Farrukh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Byas Kumar Prasad,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The present application under Section 482 Cr.P.C. has been filed for setting aside the order dated 03.06.2025 passed by learned Additional District and Sessions Judge/Special Judge POCSO Act (Exclusive Court) Baghpat in S.T.No. 363 of 2020 (State Vs. Farukh) Police Station Khekdra, District Baghpat, whereby application 35Ba filed under Section 311 Cr.P.C. for recalling the P.W.2/Vicim has been reject ed Learned counsel for the applicant has submitted that for just and fair decision of the case, it was absolutely necessary to recall the P.W.2 since certain relevant question which was sought to be asked could not be asked and therefore, the an application under Sect ion 311 Cr.P.C. has been moved for summoning the P.W.2 which has been illegally rejected by the learned trial Court and therefore the impugned order is liable to be set aside by this Court. Perusal of the impugned order shows that the learned trial Court while rejecting the application under Section 311 Cr.P.C. has specifically observed that the statement of P.W.2 was recorded on 22.01.2025 and his cross examination at length was also conducted and therefore the application for recalling the witness has been rejected. After hearing the learned counsel for the parties and after perusing the material on record, this Court is of the opinion that learned counsel for the applicant could not point out any good ground for setting aside the impugned order under challenge before this Court. Accordingly, the application lacks merit and is dismissed. Order Date :- 15.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad