Neutral Citation No. - 2025:AHC-LKO:22001 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2617 of 2025 Applicant :- Smt. Salma @ Salma Bano Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Virendra Kumar Arya,Siyaram Maurya Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Sri Ajnay Kumar, Advocate has filed Vakalatnama on behalf of Respondent No.2, which is taken on record. 2. The present application has been preferred with the following prayers: "to quash and set aside the impugned Order dated 03/03/2025 as well as order dated 21/01/2025 passed by learned 3rd Additional District and Session Judge, Bahraich in Session Trial No.357/2012, arising out of F.I.R. No.263/2012, under Section 302 IPC, P.S. Kaiserganj, District - Bahraich, "State vs. Mukhtar & Anr.' by which the application of the applicant/ accused filed for recall of witness i.e. PW.-1 (Janntul) has been rejected in a biased manner and the opportunity of the cross- examination has also been closed, as contined in Annexure 1 and 2 to this petitioin." 3. Respondent No.2 - Janntul is present in person and she has been identified by Sri Ajay Kumar, learned counsel for Respondent No.2. 4. Learned counsel for the applicant has submitted that Respondent No.2 is PW.1 before the trial court was not appearing and for ensuring her appearance, an order of non- bailable warrant was issued on 25.07.2024 and thereafter for the first time she had appeared before the trial Court on 21.01.2025 and on the very same date the court had closed the opportunity for cross-examining the Respondent No.2/PW.1 before the trial court. Learned counsel for the applicant requested only for one date for cross-examining the Respondent No.2/ PW.1 before the trial court and the applicant is ready to pay a cost for the same. 5. Learned counsel for the Respondent No.2 on the basis of instruction received from Respondent No.2, who is present in person in the Court, has submitted that Respondent No.2 has no objection if one date is given to the applicant by the trial court for the cross-examination of the PW.1 by paying some cost to PW.1. 6. After hearing learned counsel for the parties and going through the record, it is found that after issuance of non- bailable warrant, Respondent No.2 had appeared on 21.01.2025 and on the very same date the opportunity of cross-examination was closed by the concerned court by passing the impugned order, which amounts to denial the opportunity of cross- examination. 7. As such, the impugned order dated 03/03/2025 as well as order dated 21/01/2025 passed by learned 3rd Additional District and Session Judge, Bahraich in Session Trial No.357/2012, arising out of F.I.R. No.263/2012, under Section 302 IPC, P.S. Kaiserganj, District - Bahraich is hereby quashed. 8. The application is allowed. 9. The trial court is directed to fix a date in the matter for cross- examination of PW.1 / Respondent No.2 before this Court on payment of cost of Rs.5000/-, payable by the applicant to the Respondent No.2 / PW.1 on the date fixed before the trial court. Order Date :- 18.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench