Neutral Citation No. - 2025:AHC:129721 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27579 of 2025 Applicant :- Vikas Alias Sonu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash order dated 15.05.2025 passed by Special Judge (POCSO Act), Court no. 1, Ghaziabad in Criminal Case no. 131 of 2016 (State vs. Sonu @ Vikas) arising out of Case Crime no. 150 of 2016 under sections 323, 324, 354, 506 IPC and Section 7/8 POCSO Act, PS- Bhojpur, District Ghaziabad. 3. Learned counsel for applicant submitted that during trial of aforesaid Criminal Case no. 131 of 2016, PW1 was already cross- examined but on certain issues some question could not be put up and as such applicant moved application u/s 311 Cr.P.C. dated 16.01.2025 before learned court concerned to recall PW1 but the same has been rejected vide order dated 15.05.2025 which has been challenged through instant application. 4. It is contended by learned counsel for applicant that order dated 15.05.2025 passed by learned trial court is misconceived and court concerned without appreciating the facts and circumstances of the case as well the necessity for summoning the PW1, has rejected the application filed on behalf of applicant. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. After hearing rival submissions extended by learned counsels for the parties and perusing the records this Court observed that application preferred at the behest of applicant under Section 311 Cr.P.C. has been decided by learned court concerned by way of rightly observing that on 27.01.2020 statement of witness PW1 was recorded and full opportunity for cross-examination was given, on which cross examination was done. The applicant has been given sufficient opportunity for cross examination. 7. From perusal of records, it is observed that the stage of cross- examination has already been gone before and the same was conducted in the year 2020 and after gap of near about more than 5 years the recall of the witnesses is nothing but the dilatory tactics adopted by the applicant and the same cannot be permitted at this stage. 8. The application u/s 528 BNSS stands dismissed accordingly. Order Date :- 31.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad