Neutral Citation No. - 2025:AHC:16326 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 36243 of 2024 Applicant :- Ram Ji Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ramesh Chandra Agrahari, the learned counsel for applicant and the learned A.G.A. appearing for State. 2. Perused the record. 3. Applicant Ram Ji Mishra, who is a charge-sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. challenging the order dated 07.08.2024 passed by Additional Sessions Judge, Court No. 6, Kanpur Nagar in Sessions Trial No. 696 of 2016 (State vs. Vikki Soni & Ors.) arising out of Case Crime No. 866 of 2015, under Section 147, 148, 149, 323, 506, 302 I.P.C., Police Station Naubasta, District Kanpur Nagar whereby application dated 07.08.2024, under section 311 Cr.P.C. filed by accused applicant has been rejected. 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that applicant was present throughout in proceedings of trial but he did not engage any counsel nor he raised any objection before court that he wants to cross examine PW-1, PW-2 and PW-3. As such the examination-in-chief of aforesaid witnesses came to an end. To buttress his submission, the learned A.G.A. has referred to internal page-2 of the impugned order. On the above premise, the learned A.G.A. contends that no good or sufficient ground was made out for recall of the prosecution witnesess namely, PW-1, PW-2 and PW-3. On the above facts, the learned A.G.A. further submits that when the parameters laid down by the Apex Court in Raja Ram Prasad Yadav Vs. State of Bihar & Anr., 2013(14) SCC 461 are applied to the facts of the present case to find out the bonafide of the applicant, it is apparent that the application under Section 311 Cr.P.C. was preliminary engineered to delay the trial in filing the application under Section 311 of Cr.P.C. No bonafide of the applicant in filing the said application is refuted either. As such, no illegality has been committed by Court below in rejecting aforementioned application. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of the record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record but further more the same could not be dislodged by the learned counsel for the applicant. As such, no good ground exists to entertain the present application. 7. In view of above, this application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 5.2.2025 Ruhi H. (Rajeev Misra,J.) Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad