Neutral Citation No. - 2025:AHC:5609 Court No. - 71 Case :- APPLICATION U/S 482 No. - 39102 of 2024 Applicant :- Kamlesh Joshi @ Kamlesh Kumar Joshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Saurabh Chaturvedi, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Supplementary affidavit filed by the learned counsel for applicant in Court today, is taken on record. 4. Applicants- Kamlesh Joshi @ Kamlesh Kumar Joshi, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C., with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the order dated 23.09.2024 passed by Learned Addl. Session Judge Fast track Court, Chitrakoot in S.T. No. 384 of 2023 (State Vs. Smt. Kamlesh Joshi) rejecting application 19kha to recall P.W.1 under section 311 Cr.P.C. for further cross examination, arising out of case crime no. 292 of 2023, under section 376, 328, 506 and 294 Of IPC, P.S. Karwi Kotwali Nagar, District Chitrakoot. It is further prayed that this Hon'ble Court may be pleased to stay the effect and operation of order dated 23.09.2024 passed by Learned Addl. Session Judge Fast track Court, Chitrakoot in S.T. No. 384 of 2023 (State Vs. Smt. 19kha Kamlesh to Joshi) rejecting application recall P.W.1 under section 311 Cr.P.C. for further cross examination, arising out of case crime no. 292 of 2023, under section 376, 328, 506 and 294 of IPC, P.S. Karwi District Nagar, Kotwali Chitrakoot pending in the court of Learned Addl. Session Judge Fast track Court, Chitrakoot, during pendency of present application. And/or pas other and further order as this Hon'ble court may deem fit and proper in the facts and circumstances of the case." 5. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that from perusal of the application dated 09.09.2024 under Section 311 Cr.P.C. filed by accused-applicant before Court below, copy of which is on record at page 9 of the supplementary affidavit, will go to show that the specific questions proposed to be put to the witnesses have not been mentioned therein. Since, the proposed questions have not been mentioned in the application, therefore there is no averment regarding the relevance of the same. Referring to the judgment of Supreme Court in Raja Ram Prasad Yadav Vs. State of Bihar and Another (2013) 14 SCC 461, the learned A.G.A. thus submits that the observations made therein stand clearly attracted. As such, no illegality has been committed by Court below in rejecting the application under Section 311 Cr.P.C. filed by accused applicant. Consequently, the present application is liable to be rejected. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of 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 furthermore the same could not be dislodged by the learned counsel for applicant. As such, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 10.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad