Neutral Citation No. - 2025:AHC:117270 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 3576 of 2025 Applicant :- Kavita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.,Sunil Kumar Dubey Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant, Sri Sunil Kumar Dubey, learned counsel for the opposite party no.2 and learned AGA for the State. 2. This application has been filed by applicants for quashing the order dated 26.09.2024 passed in Session Trial No.711 of 2022 (State of U.P. Vs. Deepak Tomar and others) arising out of Case Crime No.237 of 2022 Under Section 498A, 323, 304B I.P.C. and 3/4 D.P. Act, Police Station Bhojpur, District Ghaziabad, Pending in Court of Additional Session Judge Court No. 13, District Ghaziabad. 3. In the order dated 16.04.2025 following argument was noted: "3. Contention of learned counsel for the applicants is that PW-1 was appeared and recorded in chief on 10.8.2023 and then again appeared on 17.11.2023. On 17.11.2023, learned counsel for the applicant could not appear to cross examine PW-1. Therefore, the court below closed the opportunity to cross examine the PW-1 and started the examination of PW-2 on 15.11.2023 and again on 12.12.2023, he was also cross examined by the applicant. Therefore, application under Section 311 Cr.P.C. was moved by the applicant to summon the PW-1 for re-examination which was rejected mainly on the ground that applicant could not appear on earlier date and adjournment was allowed. It is further submitted that closing the opportunity of the applicant to cross examine PW- 2 violates the valuable rights of the applicant. It is also submitted that examine-in-chief as well as cross examine of PW-3 and 4 has already been completed, during the pendency of application under Section 311 Cr.P.C." 4. Learned counsel for the opposite party no.2 and learned A.G.A. submit that they would have no objection if the cross-examination is permitted, however, it should be done in a time bound manner. 5. Accordingly, in view of the stand taken by learned counsels for parties, the present 482 application is allowed. The order dated 26.09.2024 passed in Session Trial No.711 of 2022 (State of U.P. Vs. Deepak Tomar and others) is set aside. The applicant is permitted to cross-examine P.W.-1. 6. The trial court shall fix a date and the prosecution shall produce P.W.-1 before the court concerned for cross-examination. The P.W.-1, who is opposite party no.2 shall remain present before the court concerned on the next date fixed and if the P.W.-1 appears before the court concerned on the said date, the applicant would be bound to cross-examine the P.W.-1. In the event, applicant seeks any adjournment, the opportunity to cross-examine P.w.-1 shall be closed by the court concerned with immediate effect and the trial court will be at liberty to decide the same in a time bound manner. Order Date :- 18.7.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad