Neutral Citation No. - 2025:AHC-LKO:19050 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2612 of 2025 Applicant :- Sanjeev Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Raja Pratap Singh,Ashutosh Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with a prayer to quash the impugned order dated 12.12.2024, passed by ACJM IV, Sultanpur in Criminal Case No. 6317 of 2023, Case Crime No. 0098 of 2020, under Section 323, 504, 506, 452, 34 and 269 I.P.C, P.S Kurebhar, District Sultanpur. 2. Learned counsel for the applicant has submitted that the learned court concerned has allowed the application under Section 311 Cr.P.C without providing any opportunity of hearing to the applicant, who is the accused in the present case. 3. It is further submitted that the application under Section 311 Cr.P.C is not maintainable as at the time of filing of the application on 12.12.2024, Bharatiya Nagarik Suraksha Sanhita (in short B.N.S.S), 2023 came into existence. 4. On the other hand, learned A.G.A has submitted that there is no illegality in the order passed by the court concerned in allowing the application under Section 311 Cr.P.C summoning the Doctors, who had conducted the medical examination of the complainant/injured person, for the purposes of proving the medical report. 5. It is further submitted that the F.I.R was lodged on 18.04.2020, under Sections 323, 504, 506, 452, 34, 188, 269 I.P.C and Section 3 of the Epidemic Diseases (Amendment) Act, 2020, so the case is to be governed by the provision of the Cr.P.C. 6. After hearing learned counsel for the parties, going through the records of the case, the position which emerges out is that the court, under Section 311 Cr.P.C, is empowered to summon material witnesses or examine the persons. For convenience, Section 311 Cr.P.C is quoted hereinbelow:- "311. Power to summon material witness, or examine person present. - Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.[311-A. Power of Magistrate to order person to give specimen signatures or handwriting. [Inserted by Act of 2005, Section 27 (w.e.f. 23-6-2006).]- If a Magistrate of the first class is satisfied that, for the purposes of any investitgation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting:Provided that no order shall be made under this Section unless the person has at some time been arrested in connection with such investigation or proceeding." 7. On being asked from the learned counsel for the applicant as to what is the stage of trial, he has submitted that the examination-in-chief of the prosecution witnesses is going on, meaning thereby that it is not a case where the prosecution evidence has already been closed long back and the application moved by the complainant at a belated stage would cause great prejudice to the accused. If there is any injury upon the accused and the injured witness and there is a medical report of the government doctor, then the medical report is to be proved and one of the mode of proving the medical report is the examination of the doctors who had conducted the medical examination, the doctors are the formal witnesses. Hence, there is no illegality in the orders passed by the court concerned. The trial is at the stage of examination-in-chief of the prosecution witness. Hence, no injury would be caused to the accused persons. 8. The application is devoid of merits hence dismissed. Order Date :- 5.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench