HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7409 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 08.08.2025 passed by learned Additional District & Sessions Judge, Court No.3, Faizabad/Ayodhya in Sessions Trial No. 213/2022 "State Vs. Mohan & others" Under Section 302/504 IPC, Police Station Bikapur, District Faizabad and allow the application filed under section 233 Cr.P.C dated 10.07.2025, in the ends of justice." 3. The FIR was lodged bearing Case Crime No.215 of 2022 under Sections 147, 148, 149, 504, 302 of IPC at Police Station Kotwali Bikapur, District Ayodhya and, thereafter, the matter was investigated and the chargesheet was filed, whereas no chargesheet was filed against the present applicant. He submits that the applicant was summoned while invoking the power under Section 319 of Cr.P.C., on 28.02.2024 and, thereafter, he always remain present before the trial court, as and when required. He also argued that the statement of the accused under Section 313 was recorded, on 01.07.2025 and just after the statement recorded, the application under Section 233 of Cr.P.C. has been moved by the applicant on 10.07.2025, which has been rejected by the trial court vide the impugned order dated 08.08.2025, on erroneous grounds. Versus Counsel for Applicant(s) : Ramakar Shukla, Brijendra Pratap Singh Yadav Counsel for Opposite Party(s) : G.A., Firoz Ahmad Khan Sovha Wati .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 4. Adding his arguments, he submits that vide the application dated 10.07.2025, it was prayed that the Bed Head Tickets (BHT) of District Hospital, Ayodhya as well as the Trauma Centre, Lucknow, the Doctors, who examined the applicant at District Hospital, Ayodhya, including the registration register of the patients may be produced but the same has been declined by the trial court. He submits that the applicant has shown the reason that why he desires from the trial court, for making a direction to produce the Bed Head Tickets that the case of the prosecution is that informant who had taken the deceased/ injured to the Hospital, has been produced as eye witness of the incident, whereas the same is fasle and, therefore, the examination of the aforesaid records as well as the cross- examination of the Doctors and the pharmacist, who is the custodian of the registration-register are an important evidence of defence of the applicant and denial of the same, would lead to unfair trial. 5. It is further submitted that there is no delay and latches on the part of the applicant and the stage of moving an application under Section 233 of Cr.P.C. has rightly been undertaken by the applicant, whereas the learned trial court has dismissed the aforesaid application on the wrong pretext as the reasons which were assigned while moving the application has neither been considered, discussed and rather no finding has been recorded in the order impugned. 6. Concluding his argument, he submits that the impugned order dated 08.08.2025 may be set aside and the trial court may be directed to consider the application of the applicant dated 10.07.2025 and pass afresh order, in accordance with law. 7. Learned counsel appearing for the opposite party/ informant and learned State Counsel have opposed the contentions aforesaid but they have failed to substantiate their argument regarding non-consideration of the reasons stated in the application dated 10.07.2025, for calling the witnesses as well as the relevant documents for it's examination and cross-examination, as well. 8. Having heard learned counsel for the parties and after perusal of record, it transpires that the present application is directed against the order dated 08.08.2025, by which the learned trial court has rejected the application of the applicant dated 10.07.2025. After examination of the finding of learned trial court as well as the contentions raised vide the applicant, it is evident A482 No. 7409 of 2025 2 that the two grounds which are importantly raised in the application i.e. calling the Bed Head Tickets of the Hospital, where the deceased/ injured was admitted as well as the registration register and the custodian of the same, for cross-examination/examination, has not been considered in a right perspective by the learned trial court. It is apparently not a case where prima facie, there is any intent of the applicant for adopting delay dallying tactics in trial proceeding. 9. Consequently, there is merit in the application moved by the applicant, thus, the order impugned dated 08.08.2025 is hereby set aside. 10. Matter is remitted back to the learned trial court concerned to decide the application of the applicant dated 10.07.2025 afresh, within a period of 45 days, in accordance with law. 11. With the aforesaid observation, the instant application is hereby allowed. September 12, 2025 Mohd. Sharif A482 No. 7409 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench