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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4211 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the revisionist, learned counsel appearing for opposite party no. 2/first informant and the learned A.G.A. for the State and also perused the material placed on record.
2. The instant revision has been preferred against the impugned orders dated 10.7.2025 and 14.7.2025 passed by the learned Additional Sessions Judge/Special Judge, POCSO Act, Court No. 4, Gorakhpur, in Special Session Case No. 1496 of 2021, State Vs. Dileep.
3. Learned counsel for the revisionist has submitted that statement of P.W-3/Om Prakash Singh is recorded and the statement of P.W-4 Poonam is also recorded, but the cross-examination is not completed.
4. The matter pertains to the POCSO Act. The conduct of the revisionist is not appeared to be very appreciable whereas in the interest of justice and to reach a reasonable conclusion, the proper adjudication of the case on merits is necessary. The principle of natural justice has to be followed.
5. In view of the circumstances of the present case, this Court is of the considered opinion that an opportunity of cross-examination of P.W. 2 & P.W-3, namely, Om Prakash Singh and Poonam be provided to the revisionist. Therefore, the impugned order dated 14.7.2025 passed by the learned Additional Sessions Judge/Special Judge, POCSO Act, Court No. 4, Gorakhpur is hereby set aside.
6. The revision stands allowed. Versus Counsel for Revisionist(s) : Akhil Ranjan Counsel for Opposite Party(s) : Arvind Kumar Mishra, G.A. Dileep .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s)
7. The revisionist is directed to complete the cross-examination of P.W. 2 & P.W-3, namely, Om Prakash Singh and Poonam on the very same day, whichever is fixed by the trial court. In case any adjournment is sought on behalf of the revisionist that shall be allowed with the cost of Rs. 5000/-. If the revisionist avoids the cross-examination of P.W. 2 & P.W-3, learned trial court is at liberty to close the opportunity of cross- examination. The cost shall be deposited before the Legal Services Authority, Gorakhpur.
October 8, 2025 M. Tarik CRLR No. 4211 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad