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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37924 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mr. Om Prakash Vishwakarma, learned counsel for the applicant and Mr. Shiv Dutt Shuka, learned A.G.A. for the State.
2. The present application has been filed with prayer to quash the order dated 08.07.2025 as well as entire proceedings of Session Trial No.- 24 of 2024 (State Vs. Ankit) arising out of Case Crime No.341 of 2023, under Sections 376, 452, 323, 354, 506 IPC, P.S- Khekara, District- Rampur, pending in the Court of learned Additional Sessions Judge/Fast Track Court No.1, Baghpat.
3. It is contended by the learned counsel for the applicant that the learned trial court has rejected the application filed by the applicant under Section 311 Cr.P.C. to recall P.W.-1 for further cross examination. It is further submitted that due to inexperience of the learned counsel for the applicant some important question on the statement of the witness under Sections 161 & 164 Cr.P.C. could not be put to her. It is further contended that in the interest of justice, one opportunity be given to the applicant to further examined the said witness P.W.-1.
4. Per contra, learned AGA submits that sufficient opportunity has already been given to the applicant to cross examine the witness and he has availed the said opportunity and he has also cross examined the said witness.
5. From the perusal of the impugned order, it appears that the applicant had sufficient opportunity to cross examine P.W.-1 and the applicant has also cross examined the said witness. There is no ground for recalling the Versus Counsel for Applicant(s) : Om Prakash Vishwakarma Counsel for Opposite Party(s) : G.A. Ankit .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
said witness.
6. In view of above, there is no illegality, infirmity or perversity in the impugned order and same is liable to be dismissed.
7. Accordingly, the application is dismissed. September 26, 2025 Sanjeet NA528 No. 37924 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad