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2025 DAILYLAW 97542 (ALL)

PUNEET v. STATE OF U.P. AND 3 OTHERS

NA528/37411/2025 · 2025-09-23

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37411 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application under section 528 BNSS has been preferred to quash the order dated 27.05.2025 passed by learned Special Judge, POCSO Act, Court No.1, Muzaffarnagar in S.T. No. 216 of 2017, arising out of Case Crime No.532 of 2017, under sections 363, 366 I.P.C. and sections 7/8 POCSO Act, P.S. Mansoorpur, District- Muzaffarnagar, through which application preferred at the behest of applicant under section 311 Cr.P.C. has been rejected. 3. Learned counsel for the applicant submitted that the impugned order has been passed by learned court concerned is illegal and against the material on record, since certain more questions are yet to be examined through cross- examination of prosecution witnesses and the stage of trial is at the stage of 313 Cr.P.C. as such the order passed by learned court concerned may be liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that there is no valid ground for exceeding the prayer made through instant application because the opportunity has already been extended, which has been apparent from the order-sheet and the same has been availed. 5. After hearing rival submissions extended by learned counsel for the Versus Counsel for Applicant(s) : Kanhaiya Mishra, Sandeep Tripathi Counsel for Opposite Party(s) : G.A. Puneet .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) parties and by bare perusal of record, no interference is required by this Court to entertain this application. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. September 24, 2025 Saif NA528 No. 37411 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad