Neutral Citation No. - 2025:AHC:133535 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8669 of 2025 Petitioner :- Nishant And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Mahesh Chandra Maurya,Santosh Kr. Singh Paliwal Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed seeking the following relief: "(i) Set aside the order dated 06.03.2025 passed by Additional District and Sessions Judge, Special Judge, POCSO Act, (Exclusive Court) Baghpat by which the application filed by the petitioners under section 311 Cr.P.C. has been rejected. (ii) To allow the application of petitioner dated 11.12.2023 and direct the trial court to provide the opportunity of cross examination from the P.W.-1 namely Baburam to the petitioners. (iii) To pass any other order or direction which this Court may deem fit and proper in the facts and circumstances of the case." It has been submitted by learned counsel for the petitioners that the petitioners seek a fresh opportunity to cross- examine PW-1, Baburam who is the material witness. The counsel for the petitioners submits that as they could not appear on the said date, an adjournment application was moved which was rejected. It has also been submitted that the petitioners moved an application under Section 311 Cr.P.C. on the very same day and has not been considered and was rejected on 06.03.2025. The petitioners do not intent to cause delay in the trial proceeding. For the purpose of fair trial, the petitioners want to avail an opportunity to cross-examine only PW-1, Baburam. Accordingly, in the interest of justice, the order dated 06.03.2025 passed by Additional District & Sessions Judge/ Special Judge, POCSO Act, (Exclusive Court) Baghpat is hereby set aside and the matter is remitted back to the court concerned with a direction to grant opportunity to the petitioners to cross-examine PW-1, Baburam within four weeks from the date of the order subject to the payment of cost of Rs. 15,000/- to be paid to the witness as his legal expense. With the aforesaid direction, the writ petition is disposed of. Order Date :- 7.8.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad