Neutral Citation No. - 2025:AHC:20581 Court No. - 71 Case :- APPLICATION U/S 482 No. - 40892 of 2024 Applicant :- Vijay Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Mohan Mishra,Vishal Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Vishal Pandey, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Vijay Upadhyay, 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 kindly be pleased to allow the present application and quash the impugned order dated 21.08.2024 passed by the Court of learned Additional Sessions Judge, Court No.4, Gorakhpur in Session Trial No.276 of 2009 (State Vs. Vijay Upadhyay and others), arising out of Case Crime No.478 of 2009, under Section 302, 201 I.P.C., Police Station Shahpur, District Gorakhpur. It is further prayed that this Hon'ble Court may be pleased to stay further proceedings of impugned order dated 21.08.2024 passed by the Court of learned Additional Sessions Judge, Court No.4, Gorakhpur in Session Trial No.276 of 2009 (State Vs. Vijay Upadhyay and others), arising out of Case Crime No.478 of 2009, under Section 302, 201 I.P.C., Police Station Shahpur, District Gorakhpur, during the pendency of the present application. Otherwise applicants shall suffer irreparable loss and injury. And/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that from perusal of the application dated 27.06.2023 under Section 311 Cr.P.C. filed by accused-applicant before Court below, copy of which is on record at page 30 of the paper book, 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 in the absence of above, the veracity of the application aforementioned cannot be examined in the light of parameters laid down in above judgment of Supreme Court. 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. 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 and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant 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 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad