HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23467 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA. 2. The present application has been filed by applicant praying for quashing of order dated 11.06.2025 passed by learned Additional Chief Judicial Magistrate, Court No.3, Fatehpur allowing the application under Section 311 Cr.P.C. preferred at the behest of prosecution in Case No.2872 of 1999 (State Vs. Gulab Chandra Pal), arising out of Case Crime No.24 of 1999, under Sections 467, 468, 470, 471, 419, 420 IPC, P.S. Kotwali, District Fatehpur. 3. While assailing the impugned order dated 11.06.2025, learned counsel for the applicant contended that the statement of the accused under Section 313 Cr.P.C. has already been recorded, and thereafter, an application under Section 311 Cr.P.C. was moved at the instance of the prosecution, which came to be allowed vide impugned order dated 11.06.2025. It was further submitted that despite lapse of 19 years, the prosecution failed to produce any evidence before the learned trial court concerned, leading to the closure of its opportunity to adduce evidence vide order dated 18.12.2024. Learned counsel further argued that the applicant is about 70 years of age and is suffering from 50% physical disability, therefore it is not possible for him to appear before learned court concerned on different dates only at the behest of the application which has been allowed and as such, the impugned order deserves to be set aside. 4. Per contra, learned AGA opposed the prayer sought through the instant application and submitted that by plain reading of provision of Section 311 Cr.P.C., it is crystal clear that the court has the power to summon any person Versus Counsel for Applicant(s) : Diwakar Shukla Counsel for Opposite Party(s) : G.A. Gulab Chandra Pal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined, before passing final order and as such, impugned order is justified. 5. 5. After having the rival contentions raised by learned counsel for parties, it appears that application preferred under Section 311 Cr.P.C. can be allowed at any stage and just for arrival over the factum of the matter, impugned order has been passed and as such, no interference is required in the order dated 11.06.2025 but at the same time, considering the age of applicant who is also disabled with 50%, he will be at liberty to cooperate with learned trial court concerned through his counsel. 6. Accordingly, the instant application is disposed of. October 8, 2025 Vivek Kr. NA528 No. 23467 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad