HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28522 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Anand Kumar Tiwari, learned counsel for the applicant and Sri B.P. Singh, learned AGA appearing for the State respondents. 2. Present application has been filed challenging the order dated 15.7.2025 passed by the learned Special Judge (POCSO Act), Court No. 2/Additional Sessions Judge, Bareilly in Special Case No. 56 of 2021 (State vs. Mahipal), under Sections 363, 366, 376 IPC and 4 POCSO Act, arising out of Case Crime No. 125 of 2016, P.S. Subhash Nagar, District Bareilly whereby the learned trial Judge has rejected the application filed by the applicant under Section 311 CrPC to recall the PW-7. 3. It is contended by the learned counsel for the applicant that an application was filed before the trial Court for recalling the witness PW-7, Principal of the School from where the victim had passed the exam of Class 8. It is submitted that grave miscarriage of injustice shall be caused to the applicant in case the said witness is not recalled and cross- examined by the applicant. 4. On the other hand, learned AGA submits that co-accused have cross- examined the said witness PW-7 at length and the said witness PW-7 has deposed to the effect that the victim has got admission in the school on the basis of transfer certificate issued by the earlier school. It is also submitted by the learned AGA that PW-7 is a formal witness and even if she has not been cross-examined by the applicant, her evidence is still on record. Versus Counsel for Applicant(s) : Anand Kumar Tiwari Counsel for Opposite Party(s) : G.A. Mahipal Alias Sanju .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. The application was filed by the applicant before the trial Court under Section 311 CrPC praying therein that PW-7 be recalled as the applicant had not cross-examined her. Learned trial Court has rejected the said application as the recall of the said witness is not necessary to arrive at just decision of the case as the said witness has already been examined and cross-examined by the co-accused. 6. In view of the above, no abuse of process has been occasioned by the said order. 7. Hence, present application under Section 528 BNSS lacks merit and is accordingly dismissed. September 25, 2025 Abhishek NA528 No. 28522 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad