ARUN KUMAR SINHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

(2.) Present application under Sec. 528 BNSS has been filed for quashing the order dtd. 28/4/2026 passed by Additional Session Judge / Special Judge (POCSO Act), Court No. 10, Prayagraj in S.T. No. 144 of 2023 (State vs. Anjana Sinha and another) arising out of Case Crime No. 138 of 2023, under Ss. 323, 325, 376(A)(B) IPC and Ss. 3B, 4(2), 3/6 of POCSO Act, Police Station Dhoomanganj, District Prayagraj.

(3.) It is submitted by the learned counsel for the applicant that the victim was examined in this case on 19/7/2024 and she was cross-examined by the defence counsel but some relevant facts could not be examined by the defence counsel, therefore, an application was moved by the applicant on 28/4/2026 for further cross-examination of the victim, which was wrongly and illegally rejected by the learned trial court vide order dtd. 28/4/2026. Further cross-examination of the victim is necessary for just decision of the case, therefore, impugned order dtd. 28/4/2026 be quashed and one more and last opportunity may be given to the applicant for further cross-examination of the victim.