HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33034 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Azaz Ahmad, learned counsel for the applicant and Shri B.P.Maurya, learned AGA for the State. 2. The present application u/s 528 of BNSS has been filed with prayer to quash the entire proceedings of Case No. 06 of 2024, arising out of Case Crime No.455 of 2023 (State Vs. Arvind), under Sections 376(AB) IPC and Section 5m/6 POCSO Act, P.S. Wave City (Gramin Commissionerate), District Ghaziabad, pending in the Court of learned Special Judge (POCSO Act), Ghaziabad. 3. It is contended by learned counsel for the applicant that the learned trial Court has rejected the application under Section 311 Cr.P.C. on the ground that recalling the witness for cross-examination will cause delay in trial. It is further submitted that an Amicus Curiae was appointed to assist the trial Court as the applicant had not engaged any counsel as the applicant is a poor person. It is further submitted that the learned Amicus Curiae could not put important questions to the witnesses for the cross-examination and due to this, the applicant may suffer irreparable loss. It is further submitted that in the interest of justice, the trial Court ought to have allowed the application but the same has been rejected without looking into the fact that great prejudice shall be caused to the applicant. Learned counsel for the applicant has placed reliance upon the judgement of Hon'ble Supreme Court in the case of Manju Devi Vs. The State of Rajasthan, AIR 2019 Supreme Court 1976. 4. On the other hand, learned AGA submits that the opportunity of cross- Versus Counsel for Applicant(s) : Azaz Ahmad Counsel for Opposite Party(s) : G.A. Arvind .....Applicant(s) State of U.P. and Another .....Opposite Party(s) examination was given to the applicant and five witnesses have already been examined and they have been cross-examined at length. It has not been mentioned as to what questions were put to be asked on the recall of the witnesses for cross-examination and the trial Court has rightly passed the order impugned. 5. On perusal of the impugned order, it appears that the five witnesses were examined by the learned trial Court and opportunity of cross-examination was given to the applicant and the applicant has cross-examined all the witnesses. 6. On perusal of the entire material available on record proposed questions to the witnesses, who are sought to be recalled have not been mentioned in the application under Section 311 Cr.P.C. 7. In view of the above, there is no abuse of the process of the Court by the order impugned. 8. The application U/s 528 BNSS lacks merit and is liable to be dismissed. 9. Accordingly, the application U/s 528 BNSS is dismissed. September 24, 2025 RKM NA528 No. 33034 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad