Neutral Citation No. - 2025:AHC-LKO:41517 Court No. - 12 Case :- CRIMINAL APPEAL No. - 2193 of 2025 Appellant :- Tribhuwan Nath Jaysawal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Kamal Kishor Tiwari Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Kamal Kishor Tiwari, learned counsel for the appellant and learned AGA. This appeal has been filed assailing the order dated 12.11.2024, by means of which the application under Section 311 Cr.P.C. for recall of the witnesses has been rejected. Learned counsel for the appellant submits that the impugned order has been passed in illegal manner on misconceived and baseless grounds without considering the grounds raised by the appellant which is not sustainable in the eyes of law. Learned AGA opposed the submissions of learned counsel for the appellant. He submits that perusal of the application filed by the applicant indicates that the witnesses who are being sought to be recalled have been win over by the appellant because he has stated in the application before the trial court that they have told some new facts, therefore, they want to give evidence again. Having considered submissions of learned counsel for the parties and on perusal of material placed on records of this appeal, it is apparent that the application for recall of witnesses and cross examination has been rejected by the trial court recording a finding that the application has been moved on coming to know certain new facts by the witnesses, whereas in such circumstances it is not permissible. The contention of learned AGA also cannot be ruled out in view of the averments made in the application. It has further been recorded by the trial court that even otherwise the appellant had an opportunity at the stage of defence and the application has been moved after start of arguments, which was being listed since 08.08.2024 and after cross examination of all the witnesses. This Court does not finds any illegality or error in the finding recorded by the trial court in the impugned order, which may call for any interference by this Court. It is also noticed that the application appears to have been moved to fill up the lacuna in the evidence,which is not permissible in the garb of the application under Section 311 Cr.P.C. The appeal has been filed on misconceived and baseless grounds. Dismissed. Order Date :- 21.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench