Neutral Citation No. - 2025:AHC:20905 Court No. - 71 Case :- APPLICATION U/S 482 No. - 41178 of 2024 Applicant :- Mohd Umar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Praveen Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Pradeep Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Mohd Umar, who is a charge sheeted accused, has 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 graciously be pleased to allow present application and quash the order dated 18.10.2024 passed by the Additional District and Session Judge, Court No. 14, Moradabad in Sessions Trial No. 377 2011 of 2019 arising out of case crime No. 0047/2019 under Sections 302 and 201 IPC, Police Station Dilari (State of U.P. Vs. Mohd Umar). It is, further prayed that this Hon'ble Court may graciously be pleased to direct the learned trial court to provide an opportunity of further time for cross examination from the witnesses i.e. P.W. 1, Amit Bansal, P.W. 2, Mahendra Gupta dated 11.11.2019 & P.W. 3 Sachin Kumar Gupta dated 25.3.2021 in Sessions Trial No. 377 2011 of 2019 arising out of case crime No. 0047/2019 under Sections 302 and 201 IPC, Police Station Dilari (State of U.P. Vs. Mohd Umar) in the interest of justice, otherwise the applicant shall suffer an irreparable loss and injury, And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and therwise the applicant shall suffer an irreparable loss and injury," 4. At the very outset, the learned A.G.A. submits that the right of accused-applicant to cross examine P.W.-1, P.W.-2 and P.W.-3 was closed in the years 2019/2021 respectively. However, the application dated 13.10.2023 under Section 311 Cr. P. C. to recall P.W. 1, P.W. 2 and P.W. 3 was filed by accused-applicant before Court below on the ground that the knowledge of aforesaid fact i.e. the right of accused-applicant to cross examine P.W.1, P.W. 2 and P.W.3 was closed by Court below, vide orders dated 20.11.2019 and 21.09.2021 respectively was gathered by accused-applicant only in the year, 2023 is not worthy of reliance. The orders dated 20.11.2019 and 21.09.2021 have gained finality for want of challenge. Furthermore, the trial is at an advance stage i.e. final hearing. As such, the application under Section 311 Cr. P. C. was engineered by the accused-applicant only to delay the conclusion of trial. In view of above, no interference is warranted by this Court in present application. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicants with reference to the record. In view of above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 13.2.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad