Neutral Citation No. - 2025:AHC-LKO:21429 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2961 of 2025 Applicant :- Shyam Lal Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dharmendra Kumar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. The present application has been filed for quashing of the order dated 12.2.2025 passed by the Additional District & Sessions Judge/F.T.C.-III, Raebareil in Sessions Trial No. 532 of 2021 whereby the trial court has rejected the application numbered as Paper No. 29Kha filed by the applicant/accused for grant of further opportunity to cross- examine the prosecution witness No. 3. The application has been dismissed on the ground that numerous dates had already been fixed for cross-examination, but the applicant/accused had failed to cross-examine the prosecution witness No. 3 on the said dates. The relevant facts of the case are that Case Crime No. 0089 of 2021 under Section 304 I.P.C. was registered at the instance of the opposite party No. 2 against the applicant. Opposite party No. 2 is the informant. Charge-sheet was filed and during trial the prosecution witness No. 3, i.e., the opposite party No. 2 deposed as a witness. The witness appeared on 27.1.2025 for cross-examination, but on the said date, the case was adjourned as the counsel for the applicant/accused was arguing in some other court. Subsequently, the witness was cross-examined on 28.6.2024, but the cross-examination could not be completed and the case was fixed for 24.7.2024 for further cross-examination. Counsel for the applicant/accused was not present on 24.7.2024 and, therefore, the case was adjourned again and after three subsequent dates 28.10.2024 was fixed for further cross-examination of prosecution witness No. 3. The prosecution witness No. 3 was cross-examined in detail on 28.10.2024, but again cross-examination could not be completed on the said date and the case was fixed for 18.12.2024. The case was adjourned on 18.12.2024 on the application of the counsel for the accused/applicant and 27.1.2025 was fixed in the case. The counsel for the accused/applicant did not appear on 27.1.2025 to cross-examine despite repeated calls, therefore, the opportunity to cross-examine the prosecution witness No. 3 was closed by the trial court. Counsel for the accused/applicant filed an application dated 12.2.2025 praying that one further opportunity be granted to complete the cross-examination of the prosecution witness No. 3. The application numbered as Paper No. 29Kha has been rejected by the trial court on the ground that the accused/applicant was only trying to delay the trial of the case and no further opportunity can be granted to the accused/applicant for cross-examination of prosecution witness No. 3. A perusal of the records shows that the prosecution witness No. 3 is the eye-witness of the case. The prosecution witness No. 3 is also the informant. The trial is pending since 2021. Considering the aforesaid facts, it would be appropriate in the interest of justice that one more opportunity is granted to the accused/applicant to complete his cross-examination of prosecution witness No. 3. The application U/S 582 BNSS read with U/S 482 Cr.P.C. is allowed with a cost of Rs. 2,500/-. The trial court shall fix any date for cross-examination of the prosecution witness No. 3 in the week commencing 12.5.2025. Appropriate notice shall also be issued to the prosecution to enable them to produce prosecution witness No. 3 on the date fixed. It is clarified that only one date shall be fixed to enable the applicant/accused to complete his cross-examination of prosecution witness No. 3 and no further dates shall be fixed for the purpose. It is further directed that the accused/applicant shall deposit the cost as noted above before the trial court by 28.4.2025, which shall be paid to the prosecution witness No. 3. Order Date :- 16.4.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench