Neutral Citation No. - 2025:AHC-LKO:42960 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6021 of 2025 Applicant :- Jagdamba Prasad @ Jagdamba Prasad Tiwari (Manoj) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. Counsel for Applicant :- Shantanu Sharma,Aishwarya Priya,Ajay Pathak,Ankit Dubey,Anshuman Sharma,Athar Ali Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Dr. Shantanu Sharma, the learned counsel for the petitioner, Sri Hansraj Verma, learned A.G.A. for the State and perused the records. 2. With the consent of parties' counsel and the order proposed to be passed the application is being heard and decided finally without calling for a counter affidavit. 3. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has prayed for quashing of impugned order dated 16.07.2025, passed by learned Additional District & Sessions Judge, Room No.3, Gonda in Session Trial No.291 of 2021, arising out of Case Crime No.59 of 2001, under Sections 307, 302 I.P.C. Police Station Nawabganj, District Gonda, whereby an application filed by the applicant under Section 311 Cr.P.C. for calling PW- 4 Investigating Officer for cross-examination has been rejected. The PW-4 had appeared for examination on 17.04.2025 on which date his examination-in-chief was recorded. It is stated in the impugned order that PW-4 was very sick, he could stand with difficulty, he was cross-examined by some accused but he was not cross-examined by co-accused Devi Prasad. Devi Prasad had sought adjournment which was allowed. Thereafter, PW-4 has not appeared again. 4. The learned A.G.A. appearing on behalf of the State has opposed the application and he submitted that it is recorded in the order that PW-4 is suffering from ill health and for this reason his repetitive appearance before the court for his cross- examination would cause unwarranted difficulty to him and in these circumstances the trial court has not committed any illegality in rejecting the application under Section 311 Cr.P.C. 5. From the aforesaid narration made in the order dated 16.07.2025, it appears that adequate opportunity for cross- examination of PW-4 Investigating Officer has not been given in the present case. So far as the question of poor health of PW- 4 is concerned, the court must take care of this aspect by providing that PW-4 may be cross-examined through virtual mode or he may be cross-examined by issuing a commission. 6. In these circumstances, this court is of the considered view that the order dated 16.07.2025, passed by learned Additional District and Sessions Judge, Room No.3, Gonda in Session Trial No.291 of 2021 is liable to be set aside. 7. Accordingly, the application is allowed. The impugned order dated 16.07.2025 is set aside and the application under Section 311 Cr.P.C. is allowed. The trial court is directed to permit cross-examination of PW-4 by counsel for the applicant either through virtual mode or by issuing a commission for which requisite expenses shall be borne by the applicant. . [Subhash Vidyarthi, J.] Order Date :- 25.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench