HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5093 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved by the applicant/ informant to quash the order dated 27.01.2025 passed by the Additional Sessions Judge, Court No.1, Shahjahanpur in Sessions Trial No. 484 of 2012 arising out of case crime no. 786 of 2011 under Sections 272, 273 I.P.C. and 60 Excise Act, P.S. Powayan, District- Shahjahanpur. Further prayer has been made to provide an opportunity to the applicant to cross-examine P.W.4 Head Constable Dharmendra Singh after summoning him again in the witness box. 3. Learned counsel for the applicant submits that on 5.11.2024 when examination-in-chief of P.W.4 was recorded for some personal reasons the defence counsel could not reach there and opportunity for cross examination was closed. It is further submitted that on 27.1.2025 an application was moved under Section 311 Cr.P.C. to recall the P.W.4 for recording his cross examination but the trial Court has rejected the said application on the ground that deliberate delay was caused by the present applicant/ accused and after lapse of so many days the application was moved for granting opportunity to cross-examine P.W.4. It is further submitted that P.W.4 is a witness of fact and at the time to recovery of urea and other articles used for the preparation of illegal wine he was present on spot and if the opportunity of cross-examination was not given to the accused applicant a serious prejudice may be caused to the accused/ applicant. This Court takes notice of the fact that to provide an opportunity to cross examination of P.W.4 to the defence is necessary for the just disposal of the case and in the interest of justice. It transpires that the said criminal case is pending in the district- Shahjahanpur whereas P.W.4 is posted in district- Versus Counsel for Applicant(s) : Pawankumar Dubey Counsel for Opposite Party(s) : G.A. Avadhesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Pilibhit and for recording his evidence he has to appear to the Court at Shahjahanpur. 5. The Court also takes notice of the provisions that Section 311 Cr.P.C. has actually two parts and in the first part the discretionary power of the Court to summon, examine, or recall any witness if his testimony is deemed essential for a just decision in an inquiry, trial, or proceeding has been provided but second part of the Section 311 Cr.P.C. casts the burden upon the Court itself to summon any witness if his evidence seems to be essential for the just decision of the case. 6. In view of that, in my view the present application deserves to be allowed but on a condition that whenever P.W.4 shall present before the Court no adjournment on any ground shall sought by the applicant accused and further the applicant accused shall pay the cost of one day salary and other relevant expences to respondent no.4. 7. In view of the above, the application is, accordingly, allowed. October 8, 2025 Fhd NA528 No. 5093 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad