Neutral Citation No. - 2025:AHC-LKO:2767 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11987 of 2024 Applicant :- Sudhakar Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Shailendra Singh Rajawat,Purnima Singh,Sunder Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Anuj Pandey, Advocate, has put in appearance on behalf of opposite party no.2 by filing his Vakalatnama which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record. 3. The present application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court in the interest of justice may very kindly be pleased to allow the present application and be further pleased to set aside the impugned order of 13.12.2024 whereby the Trial Court, Additional District and Session Judge Court Room No: 05 Lucknow has denied to decide the application under section 311 CrPC (348 of BNSS) for recalling the witness P.W.1 Hemant Singh for evidence, in the interest of justice." 4. Considered the facts of this case including the fact that P.W.1 was cross-examined in part on 10.06.2024 and the counsel for the defence after lunch could not appear before the trial court on the same day, i.e. 10.06.2024 and, therefore, the opportunity to cross- examine P.W.1 was closed by the trial court and thereafter on 10.10.2024 an application for recall of the said witness, i.e. P.W.1 was preferred and the same has not been disposed of till date, as appears from the order dated 13.12.2024 in issue according to which the trial court would decide the application after considering the conduct of the applicant. 5. Upon due consideration of aforesaid as also the law in relation to deciding the application of such nature, the present application is disposed of with a direction to the trial court to decide the said application as per law most expeditiously, if possible on the next date fixed. Order Date :- 16.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench