Neutral Citation No. - 2025:AHC-LKO:27484 Court No. - 14 Case :- APPLICATION U/S 482 No. - 10970 of 2024 Applicant :- Ajay Praksh Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Asim Kumar Singh Counsel for Opposite Party :- G.A.,Jyotsana Singh Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants, Ms. Jyotsana Singh, learned counsel for the private respondents, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C./528 BNSS has been filed by the applicants with the following main reliefs: "i) to quash the impugned order, dated 30.10.2024 passed by Learned Special Judge, P.C. Act-V, Lucknow on application under section 233 of Cr.P.C in Session Trial No.411/2013, Crime No.42/2013, U/s-498A, 3048/34, 302/34 of IPC and U/s- 4 of D.P. Act, P.S.-Gosainganj, District-Lucknow; ii) to direct the Learned Trial Court/ the Learned Special Judge, P.C. Act-V, Lucknow to call upon Charge Sheet witnesses namely- (1) Nirankar Singh, S/o-Shivbaran Singh, (2) Sukhram, S/o-Bhailal, (3) Malkhan, S/o- Ramdeen, (4) Udai Narain Singh, S/o-Vikram Singh, (5) Ganesh Prasad, S/o-Tinna Dhobi, (6) Smt. Kanchan Lata, W/o-Jaipal Singh, all resident of Village-Sathwara, Police Station- Gosainganj, Lucknow to be examined as defence witnesses in the Session Trial No.411/2013." 3. Learned counsel for the applicants has submitted that an FIR dated 25.2.2013 has been lodged by the respondent no. 2 under Sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act against the applicants. It is further submitted that the prosecution had produced only those witnesses, who were not eye witnesses of the incident, so an application under Section 311 Cr.P.C. was moved on behalf of the applicants for calling of those eye witnesses whose statements were recorded under Section 161 Cr.P.C. during the investigation and filed along with the charge sheet. The said application preferred by the applicants was rejected by the court concerned on the ground that the applicants have a chance to produce those witnesses as defence witnesses after the stage of Section 313 Cr.P.C. 4. It is further submitted that after the prosecution's evidence and stage of 313 Cr.P.C. were completed, an application under Section 233 Cr.P.C. was moved by the applicant no. 1 for production of six eye witnesses as defence witnesses which was opposed by the learned counsel for the private respondent and the court concerned has rejected the application preferred under Section 233 Cr.P.C. by the applicant no. 1. 5. Ms. Jyotsana Singh, learned counsel for the private respondent has submitted that the matter is pending since the year 2013 and respondent no. 2 has no objection in allowing the present application and directing the court concerned to call those six witnesses as defence witnesses as per the application dated 17.9.2024 filed under Section 233 Cr.P.C. by the applicants but some time may be fixed for recording of their evidences. 6. Learned counsel for the applicants has submitted that he has no objection if this Court may think it proper to fix some time for the examination of those six witnesses produced as defence witnesses on behalf of applicants. 7. As the learned counsel for the respondent no. 2 has submitted to permit the applicants to produce six witnesses to which learned AGA has also not raised any objection, without entering into the merits of the case, the court concerned is directed to permit the applicants to produce six persons whose names were given in application dated 17.9.2024 as defence witnesses and shall make endeavour to complete their evidences within a period of six months, without granting any unnecessary adjournments to either of the parties or if any adjournment is necessary, shorts dates may be fixed. 8. In view of above, the order dated 30.10.2024 passed by learned Special Judge, P.C. Act-V, Lucknow on application under section 233 of Cr.P.C in Session Trial No.411/2013, Crime No.42/2013, U/s-498A, 3048/34, 302/34 of IPC and U/s- 4 of D.P. Act, P.S.-Gosainganj, District-Lucknow is hereby set aside. 9. With the aforesaid observation/direction, the present application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 9.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench