HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5837 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., and perused the record. 2. This application under Section 528 of B.N.S.S. has been filed for quashing the effect and operation of the order dated 22.01.2025 passed by the Additional Session Judge, court no. 2, Gorakhpur in Sessions Trial No. 510 of 2018 (State Vs. Kamlesh Sharma) arising out of the case crime no. 0392 of 2018 under Section 307 of I.P.C., Police Station- Chiluatal, District- Gorakhpur, pending before the court of Additional Sessions Judge, court no. 2, Gorakhpur. 3. Keeping in the view the limited prayer made in the present application regarding opening of cross-examination of P.W.-7, namely, Surya Nath Singh, the Investigating Officer of the case which was closed by the learned trial court in view of default of the witness. 4. There appears no need to issue notice to opposite party and the present application deserves to be disposed of after hearing learned counsel for the applicant and learned AGA. 5. Learned counsel for the applicant submits that the FIR in the present case was lodged under Section 307 I.P.C. by the informant, Smt. Sunita, alleging therein that on 31.08.2018 at about 03:00am, her daughter Priyanka was sleeping in her room, then some unknown person poured kerosene oil in the room through window and ignited it due to which informant's daughter and her son, who was sleeping beside her daughter, received burn injuries. He next submits that the applicant is not named in the FIR and his name Versus Counsel for Applicant(s) : Sanjeev Kumar Yadav Counsel for Opposite Party(s) : G.A. Kamlesh Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) surfaced during investigation. He next submits that cross-examination of the Investigating Officer is very relevant in the matter and due to closure of opportunity of cross-examination of the Investigating Officer, Surya Nath Singh, the applicant may receive irreparable loss, therefore, one opportunity may kindly be granted to the applicant to carry out the cross-examination of the said witness. He next submits that on the first occasion, the said witness, P.W.-7 was present on 25.11.2022, but his application for cross-examination was rejected and the opportunity of being cross-examined was closed. Thereafter, on 09.12.2022, an application for recalling the order dated 25.11.2022 was moved and the same was allowed vide order dated 04.04.2023 with cost of Rs. 2500/- to be paid before Legal Services Authority. After that, the said witness appeared before the court below on 20.07.2023 and on that date due to non-availability of Sr. counsel, cross- examination could not be carried out and his opportunity of being cross- examined was closed. Then the applicant had filed an application 56(Kha) to recall the said order dated 20.07.2023 and reopen the cross-examination of P.W. 7, but the same was rejected by the impugned order. 6. Learned AGA submitted that there is no illegality in the impugned order as opportunity of cross-examination was closed for the second time as the applicant failed to carry out cross-examination of the witness, P.W. 7 in spite of specific directions of the court below. 7. Considering the submissions made by learned counsel for the applicant and learned AGA and keeping in view the fact that the applicant is not named in the FIR and his name surfaced during investigation, one last opportunity of cross-examination of P.W.7 is liable to be given to the applicant subject to depositing Rs. 3000/- before Legal Services Authority within ten days from today, and thereafter, learned trial court shall issue summons to P.W. 7 fixing a date for his cross-examination and no further opportunity for cross examination of the witness shall be granted to the applicant on his appearance before the court below on any ground whatsoever. 8. With the above observation, the instant application stands disposed of. September 24, 2025 Anjali NA528 No. 5837 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad