Neutral Citation No. - 2025:AHC:127741 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 25003 of 2025 Applicant :- Dinesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kunjesh Kumar Dubey,Shakti Dubey Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the applicant and learned AGA for the opposite party. 2. The present application has been filed to quash the order dated 24.03.2025 passed by Additional Session Judge/Special Judge (POCSO Act) Court No.1 Ghaziabad in Criminal Case No.222 of 2018 (State Vs. Dinesh) arising out of case crime No.148 of 2018 under Section 376 IPC and 3/4 of POCSO Act, Police Station Niwari, District Ghaziabad and direct the court below to summon the Scientific Officer D.N.A Section, Forensic Science Laboratory U.P. Lucknow for recording the statement. 3. Learned counsel for the petitioner submitted that during the investigation, the victim's vaginal swab was taken and sent for forensic analysis to the Forensic Science Laboratory, Lucknow. However, the report indicated that due to an insufficiency of genetic material, the sample could not be matched with the applicant's DNA. Learned counsel for the applicant further submitted that in light of these circumstances, a prayer was made to the trial court to summon the Scientific Officer who conducted the forensic analysis for cross-examination. However, that application was illegally rejected by the trial court. He further submitted that, given the facts and circumstances of the case, it was essential for the accused to cross-examine that Scientific Officer. 4. The learned AGA opposed the above prayer on the ground that since the FSL report is admissible under Section 293 Cr.P.C., the Scientific Officer need not be examined during the trial. In view of this, the trial court has not committed any illegality in rejecting the application 5. Considering the facts and circumstances of the case, it is evident from the FSL report that the vaginal swab taken from the victim was sent for forensic analysis. The report specifically recorded that the male genetic material found was insufficient for profiling with the applicant's DNA. It is also evident that the FSL report itself is admissible evidence under Section 293 Cr.P.C. and does not need to be proved in court by the Scientific Officer. In view of these facts, the trial court has not committed any illegality in passing the impugned order. 6. Accordingly, the application under Section 528 B.N.S.S. is rejected. Order Date :- 31.7.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad