Neutral Citation No. - 2025:AHC:57636 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5639 of 2025 Applicant :- Sheeshram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Bhism Pal Singh, Advocate holding brief of Mr. Amit Rana, learned counsel for the applicant, Mr. Mayank Awasthi, learned counsel for the State and perused the record. This application has been filed by the applicant with a prayer to set aside the order dated 03.02.2025 in Session Trial No.358 of 2017, arising out of Case Crime No.129 of 2017, under Sections 452, 354, 323/34, 324/34, 427, 504, 506 IPC and 3(1)(da), 3(1)(dha), 3(1)(w)(ii) of SC/ST Act, Police Station-Noorpur, District-Bijnor, pending before the court of Special Judge, SC/ST Act, Bijnor. Brief facts of the case are that an FIR has been lodged by the applicant against three named accused, Devendra Singh, Raju Singh and Gariba on 27.02.2017 in which after investigation charge sheet has been submitted and charges have been framed by order dated 07.05.2024. The charge sheet witnesses are the informant; Sheeshram Singh (applicant herein), Amit Kumar, Smt. Sudesh Devi, Harpal Singh, C.O. Yashpal Singh, Constable Sunil Kumar, Dr. Kunal Kumar. An application was moved by the prosecution on which order dated 03.02.2025 has been passed by which the prosecution witness is closed and the date was fixed in the matter on 06.02.2025 for the statement U/s 313 Cr.P.C. In the aforesaid order, it has been mentioned that address of Circle Officer Jitendra Singh could not be found. Challenging the aforesaid order, learned counsel for the applicant submits that it is highly improbable to believe that the address of Circle Officer Jitendra Singh holding such a responsible post cannot be traced. His statement is required to be recorded as he conducted the investigation and the same is necessary for proper adjudication of the matter. Therefore, the aforesaid order is liable to be set aside and the court concerned may be directed to summon Circle Officer Jitendra Singh. On the other hand, learned AGA submits that without moving an application before the concerned court, the applicant has approached this Court not mentioning anywhere as to why Circle Officer Jitendra Singh is required to be summoned. In view of the above, the present application is misconceived and is, accordingly, dismissed. Order Date :- 18.4.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad