HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 11628 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant, learned AGA for the State and perused the record. 2. By means of this criminal appeal, appellant has prayed for quashing of the order dated 28.10.2024 passed by learned Special Judge, SC/ST Act, Azamgarh in Session Trial No. 156 of 2011, arising out of Case Crime No. 818 of 2010, under Sections 376, 504, 506 IPC and Section 3(2)(5) of SC/ST Act, P.S. Didarganj, District Azamgarh, whereby the application filed under Section 311 Cr.P.C. to re-examine PW-1, has been rejected by the court below. 3. It is submitted on behalf of the applicant that some important questions could not be asked and therefore it was the duty of the court to allow the application and to permit the re-examination of PW- 1. 4. To the contrary, learned A.G.A. submitted submitted that the accused had already been given opportunity to cross-examine the witness, therefore, the accused had all the opportunity to cross- examine the witness on all the points. Accordingly, this application has rightly been rejected by the trial court on valid reasons. 5. I have gone through the impugned order and found that the conclusions noted by the trial Court, while deciding the application filed under Section 311 Cr.P.C., are appropriate and just. I do not find any bonafides in the application of the applicant, while seeking the permission of the Court under Section 311 Cr.P.C. for re- examination of P.W.-1 only on the ground that some important questions have been left to be asked. Perusal of the impugned order reflects that there is no illegality in the rejection of application moved under Section 311 Cr.P.C. Trial court has returned a finding that the detailed cross examination had already been taken place way back in Versus Counsel for Appellant(s) : Hemant Kumar Singh Counsel for Respondent(s) : Basant Kumar Upadhyay, G.A., Shashi Kant Shakib Khan .....Appellant(s) State of U.P. and Another .....Respondent(s) the year 2019 and after a gap of several years application u/s 311 Cr.P.C. has been filed only to delay the trial. The court is only to ensure that accused has been afforded a reasonable opportunity to cross-examine the witnesses and to defend himself. It is also the duty of the court to ensure that the right to cross-examination should not be permitted to be used as a weapon to delay the disposal of the trial at the mercy of the accused person. 6. Accordingly, the present criminal appeal lacks merit and is hereby dismissed. October 13, 2025 RavindraKSingh CRLA No. 11628 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad