Neutral Citation No. - 2025:AHC:73935 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4690 of 2025 Applicant :- Shiv Balak Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava,Sanjeev Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Sanjeev Kumar Sahu, the learned counsel for applicant and the learned A.G.A,. for State opposite party 1. Perused the record. Applicant Shiv Balak Singh, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:- "It is, therefore, most respectfuliy prayed that this Hon'ble court may graciously be pleased to quash the order dated 18.01.2025 passed by learned Additional Sessions Judge Court No.3, Fatehpur, in S.T. No. 54 of 2018(State of U.P. Vs Shiv Blak Singh) arising out of case crime no. 199 of 2017, Under Section 302 IPC at police Station Chandpur, District Fatehpur. It is further prayed that this Hon'ble court may graciously be pleased to stay the operation of order dated 18.01.2025 passed by learned Additional Sessions Judge, Court No.3, L Fatehpur, in S.T. No. 54 of 2018 (State of U.P. Vs Shiv Blak Singh) arising out of case crime no. 199 of 2017, Under Section 302 IPC at police Station Chandpur, District Fatehpur during the pendency of this Criminal Misc. Application under Section 482 of Cr. P. C. It is further prayed that this Hon'ble Court may also be pleased to direct the trial court to recall the P.W. 2 under Section 311 Cr. P. C. (Wife of the deceased) and P.W. 3 (daughter of the Deceased) for further cross- examination in terms, otherwise the applicant shall suffer irreparable loss and injury. Or This Hon'ble court may pass any other order or direction which this Hon'ble court may deem fit and proper on the basis of facts and circumstances of the case. " At the very outset, the learned A.G.A. submits that perusal of the application dated 24.1.2024 under Section 311 Cr. P. C. filed by accused applicant before Court below, copy of which has been appended as Annexure 4 to the affidavit filed in support of this application will go to show that questions proposed to be put up to the witnesses i.e. P..W. 2 and P.W. 3 have not been detailed. Since the question proposed to be put to the prosecution witness have not been been detailed in the aforementioned application, therefore, no pleading regarding relevancy of the same has been raised in the application referred to above. In the absence of above, the bona fide of applicant in filing the aforementioned application cannot be examined in the light of the parameters laid down by Apex Court in the case of Raja Ram Prasad Yadav Vs. State of Bihar and Another (2013) 14 SCC 461. It is then contended by the learned A.G.A. that present application is a case of further cross examination and not no cross examination. Since the bona fide of the applicant in filing the application aforementioned is not established from the record, therefore, no interference is warranted by this Court in present application. As such, present application is liable to be dismissed. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that that the objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. As a result, the present application fails and is liable to be dismissed. It is, accordingly, dismissed. Order Date :- 7.5.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad