Neutral Citation No. - 2025:AHC-LKO:48177 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6202 of 2025 Applicant :- Sunil Singh @ Jitendra Bahadur Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Crime And Investigation Deptt. Lko. And Another Counsel for Applicant :- Sheo Prakash Singh Counsel for Opposite Party :- G.A.,Pramod Kumar Singh Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Instant application has been filed with the prayer to quash the impugned order dated 8.7.2025 passed in Criminal Case No.167 of 2012, arising out of Case Crime/F.I.R. No.167 of 2006 under Sections 302/34, 307, 504, 506 of I.P.C. and 2/3 U.P. Gangster Act, Police Station Bhadhokhar, District Raebareli (State of U.P. Vs. Azad Singh and others) passed by Additional Sessions Judge Vs. Special Judge Gangster Act, Raebareli. On 7.8.2025, following order was passed:- "1. Sri Pramod Kumar Singh, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. The issue raised in the instant application is that after opening the opportunity for cross-examination of the Doctor namely, Dr. Narender Jha, on the application under section 311 of Cr.P.C., the learned trial court in a cursory manner has closed the opportunity of cross- examination. Further, the process which is adopted for service of summons is also disputed. 3. For coming to the conclusion, it is to ascertain that whether Dr. Narendra Jha is still alive or is residing elsewhere than the given address before the trial court. 4. The Senior Registrar of this Court is directed to find out from the pension department, regarding the whereabouts including the living status of Dr. Narendra Jha by the next date. 5. List this matter on 18.08.2025 in the list of fresh cases." In compliance of the aforesaid order, the Chief Judicial Magistrate has submitted his report dated 13.8.2025 while mentioning that Dr. Narender Jha is residing at F-201, A.W.H.O. Colony, Tyagi Vihar Colony, Police Station Ashiyana, Lucknow and he is suffering from dementia. From perusal of the order impugned, it transpires that opportunity of cross-examination with Dr. Narender Jha is closed on the premises that he is not traceable. In view of the aforesaid report of the Chief Judicial Magistrate concerned, the order impugned is hereby set aside. The matter is remitted back to the learned trial court concerned to issue notice to Dr. Narender Jha at the aforesaid address within a period of ten days from this order. After service of notice the trial court will proceed in expedition in the matter. Instant application is hereby disposed of. Order Date :- 18.8.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench