Neutral Citation No. - 2025:AHC:85364 Court No. - 74 Case :- APPLICATION U/S 482 No. - 26311 of 2024 Applicant :- Virendra Kumar Prajapati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saket Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Saket Jaiswal, learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for challenging the order dated 19.07.2024 passed by learned Additional District Judge/Special Judge, POCSO Act, Hamirpur, through which application preferred at the behest of applicant under section 319(4) Cr.P.C. has been dismissed. 3. Learned counsel for applicant submitted that out of total prosecution witnesses which are six in number, only P.W.1 and P.W.2 have been put to cross-examination before the applicant, but for rest of the four prosecution witnesses the opportunity of cross- examination has been forfeited without having any cogent reasons and posted the trial for recording statement under section 313 Cr.P.C. before the applicant. 4. Being aggrieved with the deviation of the procedure carried out by learned Special Judge, POCSO Act, Hamirpur, specific application dated 05.07.2024 preferred at the behest of applicant in pursuance to section 319(4) Cr.P.C., through which it has been submitted that without cross-examining rest four prosecution witnesses, the applicant will not be able to prove that he is not guilty in pursuance to Special Trial No.13 of 2014 arising out of Case Crime No.1118 of 2013 in pursuance to sections 363, 366, 376, 370 I.P.C. and sections 16/17, 6(L) of POCSO Act. 5. Learned counsel for applicant sought the attention of Court over the specific provision contained under section 319(4) Cr.P.C., wherein it is specifically mentioned that in case of proceeding against any accused under section 319 Cr.P.C. by way of summoning in relation to the offence, wherein the trial has already been commenced in pursuance to procedure under section 190/193 Cr.P.C. and by way of invoking provision under section 319 Cr.P.C., if any accused have been summoned, then provision under section 319(4) Cr.P.C. shall be strictly complied with. 6. Learned A.G.A. showed his agreement in respect of provision contained under section 319(4) Cr.P.C. and submitted that the grounds taken up by learned Additional District Judge/Special Judge, POCSO Act, Hamirpur while deciding application dated 05.07.2024 preferred at the behest of applicant is purely on illegal. 7. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that in the instant matter the opportunity which was mandatory to be provided to the applicant in pursuance to section 319(4) Cr.P.C. has not been extended by learned court concerned, which arises cause of action in favour of applicant for preferring application dated 05.07.2024 in pursuance to section 319(4) Cr.P.C. and the decision taken over the same is without any cogent or plausible reasons and the same is against all parameters of section 319(4) Cr.P.C., through which it is mandatory on the part of learned trial court to provide full opportunity to cross-examine the witnesses, which has already been examined before commencement of procedure defined under section 319 Cr.P.C., through which the applicant has been summoned and implicated in pursuance to sections 363, 366, 376, 370 I.P.C. and sections 16/17, 6(L) of POCSO Act. 8. In view of aforementioned discussion and in the light of strict provision contained under section 319(4) Cr.P.C., the order dated 19.07.2024 passed by learned Additional District Judge/Special Judge, POCSO Act, Hamirpur in Special Trial No.13 of 2014 arising out of Case Crime No.1118 of 2013 is hereby set-aside. Learned trial court is hereby directed to provide proper opportunity in favour of applicant to cross-examine rest of the prosecution witnesses, which has not been cross-examined by the applicant. 9. Without seeking unnecessary adjournment, the opportunity extended by this Court in favour of applicant shall be applicable only for two months from the date of production of certified copy of this order and at the same time, prosecution is hereby directed to ensure the presence of prosecution witnesses within stipulated time and the same shall be cross-examined by the applicant. 10. So far as posting of the trial at the stage of section 313 Cr.P.C. is hereby declared redundant and the same shall be proceeded only after completion of cross-examination of rest of the prosecution witnesses by the applicant strictly within the time framed as directed above. 11. The instant application stands allowed accordingly. Order Date :- 21.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad