2026:UHC:2271 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.2086 of 2025 Hon’ble Alok Mahra, J. Mr. Vikas Bahuguna, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand. Mr. Hemant Pant, Advocate for respondent no.2. 2. This criminal miscellaneous application has been preferred by the applicant seeking quashing of the judgment and order dated 15.07.2025 passed by the learned Additional Sessions Judge/Special Judge (POCSO), Dehradun in Special Sessions Trial No.128 of 2021. Further prayer has been made for allowing the application dated 26.02.2025 (paper no. 70A) filed under Section 311 Cr.P.C., whereby the applicant sought recall of P.W.1/victim for the purpose of cross-examination. 3. The record reflects that respondent no.2 lodged an F.I.R. alleging, inter alia, that the applicant used to visit the informant’s house and, for the last several days prior to the incident, had been forcibly staying there against the wishes of the informant, using abusive and obscene language and extending threats upon objection being raised. Upon completion of investigation, a charge sheet was submitted. Cognizance was taken on 01.11.2021 and charges were framed on 25.03.2022. During trial, the statement of P.W.1-the victim was recorded on 20.06.2022. Subsequently, the applicant moved an application under 2026:UHC:2271 Section 311 Cr.P.C. seeking recall of the said witness for further cross- examination, which came to be rejected by the trial Court vide order dated 15.07.2025. Hence, this criminal misc. application. 4. Learned counsel for the applicant has contended that the mother of the victim, examined during trial, did not support the prosecution case and was declared hostile, and on that basis it became necessary to recall the victim for further cross-examination in the interest of justice. 5. Having heard learned counsel for the parties and perused the material available on record, this Court finds that the power under Section 311 Cr.P.C. is discretionary in nature and is to be exercised judiciously only when such recall is essential for a just decision of the case. The provision cannot be invoked to fill up lacunae in the defence or to enable a party to re-open evidence merely because a subsequent witness has not supported the prosecution case. 6. In the present case, the testimony of P.W.1-the victim was already recorded, and sufficient opportunity for cross-examination was available to the applicant at the relevant stage. The ground now taken for recall is solely that another witness, namely, the mother of the victim, has been declared hostile. Such a circumstance, by itself, does not render the recall of the victim necessary, particularly when no specific inconsistency or material contradiction has been pointed out which could not have been addressed earlier despite due diligence. It is also pertinent that the 2026:UHC:2271 trial has been pending since the year 2021, and permitting recall of the victim at this stage would unnecessarily delay the proceedings and may cause prejudice to the prosecution, especially considering the nature of the case. The learned trial Court has, therefore, rightly exercised its discretion in rejecting the application under Section 311 Cr.P.C., and no illegality, perversity, or jurisdictional error is made out in the impugned order warranting interference by this Court in exercise of its inherent jurisdiction. 7. In view of the aforesaid facts and circumstances, this Court is of the considered opinion that the applicant has failed to establish any valid ground for quashing of the impugned order or for grant of the relief as prayed. The criminal miscellaneous application, being devoid of merit, is accordingly dismissed. (Alok Mahra, J.) 31.03.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365 445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D45 4C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.03.31 17:52:07 +05'30' 2026:UHC:2271