Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 8232 (ALL)

BOBY KUSHWAHA v. STATE OF U.P. AND 3 OTHERS

CRLR/277/2025 · 2025-10-08

Abdul Shahid

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 277 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionist and learned AGA for the State. The notices are already served on opposite party No.2/victim. 2. This criminal revision has been preferred against the order dated 6.11.2024 passed by Additional Session Judge/Special Judge (POCSO Act), Court No.30, Agra in Special Case No.4123 of 2018 (State of UP vs. Krishna and others) arising out of Case Crime No.823 of 2018, under Sections 363, 376, 328, 506, 120-B IPC, 3/4 POCSO Act and Section 3(2)(5) SC/ST Act, Police Station-Etmadaullah, District-Agra, whereby the application 14-kha had been rejected under Section 348 B.N.S.S. by the trial court and the opportunity of cross-examination has been closed for accused revisionist, namely, Boby Kushwaha. 3. Learned counsel for the revisionist has submitted that he wants to cross-examine the victim, which is necessary for the proper adjudication of the case. The trial court has mentioned in impugned order dated 6.11.2024 that the victim was consistently present before the court, but the accused-revisionist had not completed the cross-examination, hence, opportunity of cross-examination was closed. 4. The principle of natural justice has to be followed and the cause for delay in the cross-examination by the accused-revisionist may be compensated in terms of money. The opportunity of cross-examination is essential ingredients of the criminal prosecution and for the proper adjudication of the criminal case. Versus Counsel for Revisionist(s) : Himanshu Mishra Counsel for Opposite Party(s) : G.A. Boby Kushwaha .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. In view thereof, the opportunity of cross-examination is provided to accused-revisionist Boby Kushwaha. 6. Accordingly, the instant criminal revision is allowed. The impugned order dated 6.11.2024 is hereby set aside. 7. However, it is directed that revisionist shall cross-examine the victim on the very same day when she appears before the trial court for her cross-examination. The revisionist shall pay a cost of Rs.5,000/- to the victim on the very same day of the cross-examination. If any delay or adjournment is sought by the accused-revisionist then it shall not be permitted without a cost not less than Rs.5,000/- and that cost would be deposited before the District Legal Services Authority, Agra. October 9, 2025 LN Tripathi CRLR No. 277 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad