Neutral Citation No. - 2025:AHC:17010 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 44535 of 2024 Applicant :- Jaswant Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar,Ravi Sahu Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ravi Sahu, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Jaswant Singh, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. challenging the order dated 05.12.2024 passed by Sessions Judge, Kanput Dehat in Sessions Trial No. 288 of 2018 (State Vs. Jaswant), arising out of Case Crime No. 118 of 2018, under Section 302 IPC, Police Station-Gajner, District- Kanpur Dehat, whereby the application dated 20.11.2024, under Section 348 BNSS/Section 311 Cr.P.C. filed by the prosecution has been allowed by Court below. 4. At the very outset, the learned A.G.A. has invited the attention of Court to the second last paragraph of the impugned order and on basis thereof, he submits that PW-6 Prem Chandra Lal was recalled by Court below only for clarification with regard to the place, whereby dying declaration of deceased was recorded. In view of above, the learned A.G.A. submits that no interference is warranted by this Court, as the ultimate object of Court conducting the trial is to find out the truth. In support of his submission, the learned A.G.A. has referred to the judgment of Supreme Court in Varsha Garg Vs. State of Madhya Pradesh & Others, 2022 SCC OnLine SC 986. On the basis of above, it is thus urged by the learned A.G.A. that 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 applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the preliminary objections raised by the learned A.G.A. is clearly borne out from the record and 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 :- 6.2.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad