Court No. - 69

Case :- APPLICATION U/S 482 No. - 1288 of 2023

Applicant :- Shan Ilahi And Another

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Suneel Kumar Rai

Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

Heard Sri Suneel Kumar Rai, learned counsel for

the applicants, Ms. Arti Agrawal, learned counsel

for the State and perused the record.

The present application under Section 482 Cr.P.C.

has been filed by the applicants with a prayer to

quash the order dated 21.12.2022 passed by

Special Judge, POCSO Act, Ghaziabad rejecting the

application of the applicant to recall the P.W.-2 for

her cross-examination in S.T. No. 59 of 2022,

arising out of Case Crime No. 89 of 2022, under

Sections 376 DB, 506 IPC and 5 MB/6 of POCSO

Act, Police Station Murad Nagar, Ghaziabad and

with further prayer to stay the further proceedings

of the aforesaid case.

The facts in brief to the present case are that the

First Information Report was lodged on 21.02.2022

by the opposite party no. 2 under Sections 376D,

506 IPC and 3/4 POCSO Act against the applicants

with the allegation that her neice, aged about ten

years, was lured by the accused persons and they