HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7715 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Notice to the opposite party no. 2 is hereby dispensed with as the matter is being decided at admission stage. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. Instant application has been directed against the order dated 29.08.2025 passed by Additional Sessions Judge/Special Judge, Gangsters Act, Lucknow whereby, the application of the applicant under section 311 of Cr.P.C. corresponding section 348 BNSS has been rejected. 4. It is argued by counsel for the applicant that the learned trial court, while rejecting the application has not given any finding to the fact that the application is filed for delaying the proceeding of trial, whereas, the request which was made that the counsel is busy in another court and the matter maybe adjourned and this maybe fixed for another day, the same has been refuted and the application under section 311 Cr.P.C. has been turned down. He argued that cross examination of the P.W. 5, Jai Karan Singh is one of the important evidence, therefore, rejecting the application moved by the applicant under section 311 Cr.P.C. corresponding section 348 BNSS is erroneous and is against the settled proposition of law. In support of this contentions, he has placed reliance on a judgment reported in 2012(7) SCC 56, P.Sanjeev Rao Versus the State of A.P. and has referred paragraph 13 of the judgment, which is extracted as under:- "13. Grant of fairest opportunity to the accused to prove his innocence was the object of every fair trial, observed this Court in Hoffman Andreas v. Inspector of Customs, Amritsar (2000) 10 SCC 430. The following passage is in this regard apposite: Versus Counsel for Applicant(s) : Satendra Kumar (Singh), Abhishek Misra, Shivam Counsel for Opposite Party(s) : G.A. Anoop Kumar Sanghai .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another .....Opposite Party(s) "In such circumstances, if the new Counsel thought to have the material witnesses further examined, the Court could adopt latitude and a liberal view in the interest of justice, particularly when the Court has unbridled powers in the matter as enshrined in Section 311 of the Code. After all the trial is basically for the prisoners and courts should afford the opportunity to them in the fairest manner possible." (emphasis supplied)" 5. Referring the aforesaid, he submits that the case of the present applicant is squarely covered with the ratio of the judgment aforesaid, therefore, the order impugned dated 29.08.2025 may be set aside. 6. Learned counsel appearing for the State has opposed the contentions aforesaid. 7. Having heard learned counsel for the parties and after perusal of material on record, it is apparent that application u/s 311 Cr.P.C. corresponding section 348 BNSS has been rejected by the trial court on the premises that the matter cannot be adjourned on the ground that the counsel, who is conducting the case is busy in another court. The law rendered by the Apex Court is clear on this issue that the 'Grant of fairest opportunity to the accused to prove his innocence is the object of fair trial' and for achieving the said goal, the application u/s 311 for calling the witness is an important ingredient. 8. This Court has also noticed that the application of the applicant u/s 311 Cr.P.C. has not been rejected on the premises that the same has been filed for making delay or latches in the trial proceedings. 9. For the forgoing reasons and submissions, this Court finds merit in the application, thus, the instant application is hereby allowed. 10. The order impugned dated 29.08.2025 is set aside. 11. Matter is remitted back to the trial court concerned to pass a fresh order on the application u/s 311 Cr.P.C. corresponding section 348 B.N.S.S. placed by the applicant within period of 45 days. 12. The applicant is also directed to cooperate in the proceedings of the trial. September 12, 2025 Mayank A482 No. 7715 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench