Neutral Citation No. - 2025:AHC:17173 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3751 of 2025 Applicant :- Yatendra Pratap Alias Babblu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Rakesh Kumar Verma, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Yatendra Pratap Alias Babblu, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased allowed the present application and be pleased to impugned quash the order dated 01.10.2024, passed by Special Judge E.C. Act/Additional District & Session Judge, Court No. 4, Moradabad, in S.T.T. No. 111 of 2008 State Vs. Nizam @ Chhotu @ Others, arising out of Case Crime No. 412 of 2007 (182 of 2007), under Section 302/120-B of I.P.C., Police Station Thakurdwara, District-Moradabad, by which order the trial court rejecting the application moved by the applicant under Section 311 Cr.P.C. for recalling prosecution witness P.W. 11 and also direct the Ld. Trail court (Special Judge E.C. Act/Additional District & Session Judge, Court No. 4, Moradabad) to provide one more opportunity to re-examination of prosecution witness P.W.-11, otherwise applicant shall suffer irreparable loss and injury; AND in the mean time stay the further proceeding of S.T.T. No. 111 of 2008 State Vs. Nizam @ Chhotu @Others, arising out of Case Crime No. 182 of 2007, under Section 302/120-B of I.P.C., Police Station Thakurdwara, District-Moradabad at present pending in the court of Special Judge E.C. Act/Additional District & Session Judge, Court No. 4, Moradabad, during pendent of the present application before this Hon'ble Court, and/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that from perusal of the application dated 24.09.2024 under Section 311 Cr.P.C. filed by accused-applicant before Court below, it is evident that questions proposed to be put to the witnesses have not been mentioned in the application under Section 311 Cr.P.C. nor the relevancy of the said questions has been detailed. He, therefore, submits that in the absence of above, the veracity of application under Section 311 Cr.P.C., or the bona fide of the accused applicant in filing the application under Section 311 Cr.P.C. cannot be judged in the light of parameters laid down by the Apex Court in Raja Ram Prasad Yadav Vs. State of Bihar and Another (2013) 14 SCC 461. As such, no illegality has been committed by Court below in rejecting the application under Section 311 Cr.P.C. filed by accused applicant. Consequently, the present application is liable to be rejected. 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 and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. As such, 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 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad