HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8702 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the proceedings of S.T. No.558 of 2015 arising out of Case Crime No.288 of 2014 under Sections 302, 201, 376-D, 147, 149, 404 I.P.C., Police Station - Vibhuti Khand, District - Lucknow. 3. Learned counsel for the applicant submits that case was listed before the trial court on 10.7.2025 for the cross examination of PW-8 & 9 and on the said date, aforesaid witnesses were examined by learned A.D.G.C. and cross examined by the counsel for the other co-accused persons. He further submits that no adjournment application was filed from side of the applicant, as a result, opportunity to cross examine the witnesses has been closed and matter was posted for 13.8.2025, thereafter, on 13.8.2025, application was filed by the applicant under Section 311 Cr.P.C. for calling the witnesses to cross examine them but the said application was rejected on 26.8.2025. He also submits that counsel for the applicant before the trial court was busy in preparation of the Higher Judicial Services Examination, therefore, he requested that applicant may be allowed to cross examine the witnesses with the cost but the said application was rejected by the trial court, therefore, indulgence Versus Counsel for Applicant(s) : Vijay Prakash Tripathi, Ajay Singh, Ashutosh Pathak, Vivek Chauhan Counsel for Opposite Party(s) : G.A. Rahul Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant but he does not dispute this fact that cross examination of a witness is necessary in a criminal trial for substantial justice. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that counsel for the applicant before the court below was preparing for Higher Judicial Services Examination, therefore, he could not cross examine the witnesses, in such circumstances, this Court is of the view that opportunity to cross examination of aforesaid witnesses be provided to the applicant. 6. In view of the discussion made hereinabove, the present application is allowed and order dated 26.8.2025 is hereby set aside with a direction to the trial court to summon P.W. - 8 & 9 by giving a specific date for cross examination by the counsel for the applicant with the cost of Rs.4,000/- and the said amount be given to the aforesaid witnesses in equal proportion. November 3, 2025 GauraV/- A482 No. 8702 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench