Neutral Citation No. - 2025:AHC:7216 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15611 of 2024 Petitioner :- Shashi Bhushan And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Vakalatnama as preferred by Sri Satish Chand Dubey, Advocate appeared on behalf of respondent no.2 is hereby requested to place before Registry. 2. Heard Sri Amit Kumar Srivastava, learned counsel for petitioners, Sri Satish Chand Dubey, learned counsel appeared on behalf of respondent no.2 and learned A.G.A. for State. 3. At the very outset, learned counsel for the petitioner fairly submitted that in spite of obtaining several opportunities for cross- examining the witness in shape of sole complainant has not been availed by the petitioner and the last opportunity which was failed to avail by the petitioner is on the basis of receiving wrong date which has been endorsed by learned counsel for the petitioners, which culminated into passing non-bailable warrants against the petitioners and at the same time, opportunity for cross-examining the witness has been forfeited. 4. Learned counsel for the petitioners submitted through the instant petition that only one opportunity may be extended in favour of petitioners for cross-examining the witness so that the justice may be ensured in shape of compliance of the procedure, which provided the opportunity of cross-examination in favour of the petitioners. 5. Per contra, learned counsel for the respondent no.2 vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for the petitioners on the ground which is apparent from the order-sheet itself that inspite of availing several opportunities, no cross-examination has been initiated at the behest of petitioners finally, although it is apparent from the record that on two dates, cross-examination has been initiated at the behest of petitioners, but the same has not been completed and thereafter availing several opportunities, the same has been failed to avail the same. 6. Considering the innocuous prayer for extention of only opportunity, the same is hereby allowed even after strong opposition of learned counsel for the respondent no.2. 7. In view thereof, learned court concerned is hereby directed to provide only one date immediately after producing the instant order as fixed by learned court concerned, and on that date petitioners shall be permitted to conclude the cross-examination from the witness in shape of sole complainant and thereafter learned court concerned will proceed further. 8. Hence, this petition stands allowed accordingly. Order Date :- 16.1.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad