No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C528 No. 1173 of 2026 Hon’ble Alok Mahra, J. Mr. G.C. Lakchaura, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. for the State. 3. The present criminal misc. application is filed with a prayer to set-aside the order dated 19.05.2026 passed by the court of learned Special Judge, POCSO Act, Haldwani, District Nainital in Special Session Trial No. 05 of 2025, State Vs. Neeraj Rubali, whereby, the application under Section 311 of Cr.PC moved by the prosecution to call for a new witness for examination i.e. mother of the victim and to recall PW2 i.e. father of the victim for further examination was allowed. 4. Learned counsel for the applicant would submit that the mother of the victim to whom the prosecution is willing to call for examination was not marked as a witness in the chargesheet dated 11.11.2024. It is also submitted that statement of the applicant has also been recorded on 07.03.2026 and the evidence of defense too has been recorded on 13.03.2026. It is further submitted that the applicant moved by the prosecution under Section 311 of Cr.P.C. could not have been allowed at the stage when the defense evidence is closed and the prosecution filed this application just to fill up the lacunas of the prosecution case. 5. Per contra, learned State Counsel would submit that the victim and PW2 in their statements have submitted that the whole incident was narrated by the victim to her mother and, as such, inadvertently mother could not be named as a witness in the chargesheet. 6. Heard learned counsel for the parties and perused the record. 7. After hearing learned counsel for the parties and after perusing the material available on record, this Court is of the opinion that in the interest of justice, statement of mother are also required to be recorded in the case. Thus, this Court finds no infirmity or illegality in the impugned order dated 19.05.2026 passed by the court of learned Special Judge, POCSO Act, Haldwani, District Nainital in Special Session Trial No. 05 of 2025, State Vs. Neeraj Rubali. Hence, this Court does not find any reason to interfere with the impugned order. 8. Accordingly, the criminal misc. application fails and is hereby dismissed. 9. However, it is made clear that the statement of the mother of the victim be recorded and cross-examination be conducted on the same day itself in one single date. (Alok Mahra J.) 30.05.2026 Ujjwal